The Tribunal’s power to make “any order it considers fair” is not unlimited

The Supreme Court has re-iterated that legislative provisions providing a broad power for VCAT to make orders as it sees fit do have their limitations.  The Tribunal can only apply a remedy if there is a separate legal right which can be identified enabling it to do so.  If the right is identified, the broad power provision to make orders enables wide remedies to be applied to exercise that right.

In relation to owners corporations, the limitation applies to s165 of the Owners Corporations Act 2006 which states that in determining an owners corporation dispute, the Tribunal “may make any order it considers fair”.

The issue was discussed in Energy Technology Australia Pty Ltd v Owners Corporation PS 439401J [2017] VSC 145. Continue reading