Common Property – Damages/Changes to – Maintenance and Repair
Tsao v Owners Corporation SP 021983J (Owners Corporations)  VCAT 1184 (22 October 2020)
Dispute Resolution Processes – Awarding Costs
Owners Corporation PS442801X v Australasian Mining & Forestry Equipment Manufacturing Pty Ltd (Costs) (Owners Corporations)  VCAT 1189 (21 October 2020)
Dispute Resolution – Consent Orders
Owners Corporation PS408909U v College House Properties Pty Ltd (Costs) (Owners Corporations)  VCAT 1197 (22 October 2020)
Section 109 of the Victorian Civil and Administrative Tribunal Act 1998; Costs
Aumeca Owners Corporation v Atlas Partners Pty Ltd (Owners Corporations)  VCAT 1019 (24 September 2020)
Cross-application by the Applicants and the Respondent on costs pursuant to section 109(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), where the proceeding was dismissed save for the issue of costs.
Bogusz v Prestige Strata & Property Solutions Pty Ltd (Owners Corporations)  VCAT 922 (1 September 2020)
Application by the Owners Corporation for unpaid fees and special levies struck before the Respondent became the owner of the subject Lot and unpaid by the previous owner; the sum payable by the Respondent at settlement reduced by the quantum of the unpaid fees and levies; the Respondent undertook to pay the outstanding fees and levies by a specified date post the settlement of its purchase of the lot, in consideration of the Owners Corporation forbearing to issue recovery proceedings; the Respondent failed to make payment; the Owners Corporation issued recovery proceedings; the Respondent counterclaimed alleging the special levies were not lawfully struck; held that the Respondent breached the agreement with the Owners Corporation without just cause; Counterclaim dismissed.
Owners Corporation Plan No. 22776 v Flammea Family Trust Pty Ltd (Owners Corporations)  VCAT 1079 (25 September 2020)
Lot owner in breach of Rules – alteration to common property – owners corporation acting in good faith and with due care and diligence – sections 5, 18, 139, 153 – 158, 162 – 165 & 167 Owners Corporation Act 2006 (Vic) – Shearman v Owners Corporation No 1 417405Y  VSC 551 – urgent repairs – section 3
Residential Tenancies Act 1997 – sections 109, 115B & 115C Victorian Civil and Administrative Tribunal Act 1998
Owners Corporation PS29001K v Waks (Owners Corporations)  VCAT 1068 (24 September 2020)
Principles applicable in contractual construction on a question of ambiguity: Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited  HCA 37; Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337.
Contractual construction principles apply to construing an order of the Tribunal: Shout Rocks Cafes Pty Ltd & Anor v City of Port Philip & Ors  VSC 120; Livingspring v Ng  VSC 9.
Tribunal’s power to conduct a collateral review of a previous consent order: The Big Apple Group Pty Limited v Melbourne City Council  VSC 393. Found: no power vested in the Tribunal.
Whether resort to extrinsic material to resolve ambiguity of a Tribunal consent order amounts to a collateral review of the order. Found: such an enquiry amounts to a collateral review and is impermissible.
Whether a finding of no ambiguity in the Tribunal’s consent order can be made without conducting a collateral review of the consent order. Found: the conduct of an enquiry according to contractual principles of construction establishing no ambiguity, consistent with a plain reading, is within the power of the Tribunal; such enquiry does not amount to an impermissible collateral review.
Owners Corporation RP01787 v Sandra Issa Investments Pty Ltd (Owners Corporations)  VCAT 863 (12 August 2020)
Claim by lot owner for its removal from the owners corporation – Subdivision Act 1988 – sections 32, 32AE, 33 and 34D considered – consideration of what is just and equitable – lot and its relationship to the plan of subdivision previously considered – application dismissed.
LH Corporation Pty Ltd v Owners Corporation SP028481W (Owners Corporations)  VCAT 1624 (14 October 2019)
Owners Corporation Act 2006; allegation by three lot owners that by replacing their front fence without the approval of the Owners Corporation, the fourth lot owner had breached Model Rule 5.2; whether a lot owner in lieu of the Owners Corporation, can bring an action against another lot to enforce the Model Rules; whether only the Owners Corporation can apply to VCAT under s153 of the Act requiring a lot owner to rectify an alleged breach of the Act, the Regulations or the Rules of the Owners Corporation.
Lai v Beilin (Owners Corporations)  VCAT 771 (22 July 2020)
Manager – application for revocation of appointment – lot owner’s standing to make the application.
General meeting – short notice – its effect upon a resolution for the election of a committee.
Delegation of powers to chairperson – whether instrument of delegation was valid.
Authorising order – application to pursue the proceeding on behalf of the owners corporation – application refused. Contract of appointment of manager – clauses 2.2, 7.2, 7.8 in standard form.
Owners Corporations Act 2006 ss 14, 20, 21, 72(1), 119, 122.
Marcus v Turnbull Cook Body Corporate Management Pty Ltd (Owners Corporations)  VCAT 298 (10 March 2020)
EQUITY – Constructive or resulting trust – Estate assets transferred by trustees to a beneficiary – Remaining beneficiaries claim the assets are held on trust for them – Whether power in the will to sell trust assets – Whether trust arises from involuntary transfer of assets – Black v S Freedman & Co (1910) 12 CLR 105 – Heperu Pty Ltd v Belle (2009) 76 NSWLR 230 – Sze Tu v Lowe (2014) 89 NSWLR 317 – Whether beneficiary took transfer of estate assets in breach of fiduciary duty owed as de facto trustee – Nolan v Nolan  VSCA 109 (10 June 2004) – Paragon Finance plc v DB Thakerar & Co  1 All ER 400 – Parkview Qld Pty Ltd v Commonwealth Bank of Australia  NSWCA 422 (11 December 2013) – Whether consideration for transfer of estate assets false – Whether assets received by beneficiaries for less than full value – Allegations of unconscionability and fraudulent concealment – Whether estate property later transferred to volunteers held on trust by them – Evidence Act 2008 (Vic) s 140 – Briginshaw v Briginshaw (1938) 60 CLR 336 – NOM v DPP & Ors (2012) 38 VR 618 – Where release entered by parties – Whether release effective to defeat the plaintiffs’ claim – Where relevant document destroyed or discovered after release – The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 2)  NSWSC 322 (5 April 2012) – MCT Dairies Inc v Probiotec Ltd  FCA 1385 – Katsilis v Broken Hill Pty Co Ltd (1977) 18 ALR 181.
LIMITATION OF ACTIONS – Trustee liabilities – Allegations of fraud and unconscionable conduct – Laches and acquiescence – Delay – Knowledge of wronging – Limitation of Actions Act 1958 (Vic) ss 21, 27 – Reader & Ors v Fried & Ors  VSC 495 (19 December 2001) – Orr v Ford (1989) 167 CLR 316.
ADMINISTRATION & PROBATE – Where no evidence of distribution of estate – Plaintiff beneficiaries seek order appointing trustee to investigate and administer estate – Where only estate asset sold in 1979 – Delay by plaintiffs – Lack of utility of orders sought.
Linke & Ors v Linke & Ors  VSC 505 (04 September 2018)
CONTRACTS – Construction – Loan agreements between appellant and bank secured by mortgage over real property – Appellant failed to pay amounts to owners corporation – Bank paid owners corporation and debited amounts from loan account – Whether bank entitled to debit amounts before asking appellant for payment – Whether appellant was in default of loan agreements and mortgage by reason of failure to pay owners corporation.
UNCONSCIONABLE CONDUCT – Bank received demand from owners corporation for unpaid amounts in respect of secured property owned by appellant – Bank paid owners corporation and debited amounts from appellant’s loan account without notice – Whether bank’s conduct inconsistent with conduct in similar transactions – Whether breach of Code of Banking Practice 2013 – Whether bank failed to properly investigate appellant’s complaint – Whether bank acted unfairly in proceedings for debt and possession – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB.
PRACTICE AND PROCEDURE – Leave to appeal – Where points in proposed grounds of appeal not raised before trial judge – Where success on proposed grounds would not impugn orders made by trial judge
Anderson v Westpac Banking Corporation (ABN 33 007 457 141)  VSCA 226 (05 September 2018)
Subdivision Act 1998 s 34D(1)(a) – occupation by a lot owner a 22 m² parcel of common property for 10 years – orders by consent for transfer of fee simple in that parcel of common property by Owners Corporation land to lot owner – determination of fair market value.
Wallis v Acapulco Gold Pty Ltd Owners Corporations 2018 VCAT 1248 09 August 2018
Costs hearing; Offer of Settlement, Sections 112, 113, 114 Victorian Civil and Administrative Tribunal Act 1998; whether offer compliant with requirements of s 114; Costs, Section 109 Victorian Civil and Administrative Tribunal Act 1998; discretionary considerations.
Owners Corporation 1 PS611240X v Brady (Owners Corporations)  VCAT 1204 (30 July 2018)
Application by respondent for review of Tribunal’s orders; multiple applications by respondent; continual failure by respondent to appear or be represented at hearings; assessment of costs
Owners Corporation RP002044 v Finch (Owners Corporation)  VCAT 1215
Proposed installation of two windows in external wall of flats – location of boundary between property of lot owner and property of owners corporation – permissions required to install windows – Owners Corporations Act 2006, s 52, Subdivision Act 1988 s 46, Sch 2, cls 2,5, Subdivision (Registrar’s Requirements) Regulations 2011, regs 4, 10 and 31.
Taliana v Owners Corporation No. 5384 (Owners Corporation)  VCAT 1222 (01 August 2018)
EQUAL OPPORTUNITY AND DISCRIMINATION – Disability discrimination – Appeal from Victorian Civil and Administrative Tribunal – Member of owners corporations seeking alterations to common property to accommodate her disability – Tribunal found that owners corporations provide ‘services’ as defined in the Equal Opportunity Act 2010 – Definition of ‘services’ – Construction of ss 44, 45 and 56 – Whether s 56 exclusively regulates alterations to common property of an owners corporation– Appeal dismissed – Equal Opportunity Act 2010 ss 44, 45 and 56 – Victorian Civil and Administrative Tribunal Act 1998 s 148.
Owners Corporation OC1-POS539033E v Black  VSC 337 (21 June 2018)
Fee recovery – respondent lot owner’s bankruptcy – whether respondent is an “owner” liable to pay fees – alleged non-performance of applicants’ obligations is no defence – possible set-off is no defence -final fee notice did not include a daily rate of interest – Owners Corporations Act 2006 ss 4, 5, 28, 32(2)(b)(ii).
Owners Corporation No 1 501391P v Cheung (Owners Corporations)  VCAT 804 (31 May 2018)
Domestic building – application for discovery provided to by the Building Practitioners Board to parties the subject of disciplinary proceedings – application of Harman Undertaking – whether documents are relevant – discovery ordered
Owners Corporation No.1 of PS613436T v Lu Simon Builders Pty Ltd (Building and Property)  VCAT 812 (28 May 2018)
Whether owners corporation has breached its duties to repair and maintain common property – whether owners Corporation and manager have breached duties to act in good faith – Owners Corporations Act 2006 ss 5, 46, 122.
Langevad v Victoria Body Corporate Services Pty Ltd Owners Corporations 2018 VCAT 784 1
Alteration to plan of subdivision – proposal to excise one of seven villa units to facilitate warehouse/showroom development on adjacent land – proposal to acquire some common property for reconfiguration of subdivision – Subdivision Act 1988 s34D(3)(b)(ii) – whether economic or social benefits to the subdivision as a whole are greater than economic or social disadvantages to the owners of the non-consenting lot.
Latrobe Valley Pty Ltd v Langstaff (Owners Corporation)  VCAT 654 (30 April 2018)
ADMINISTRATIVE LAW – Application for leave to appeal – Whether reasons were written or oral – Whether reasons were inadequate – Whether order of the Tribunal failed to make a final determination – Victorian Civil and Administrative Tribunal Act 1998 ss 117, 148 – Owners Corporation Act 2006 ss 1, 4, 162, 165
STATUTORY INTERPRETATION – Inconsistency between planning permit and owners corporation rules – Whether a planning permit confers a right for the purposes of the Owners Corporation Act 2006 s 140 – Whether a planning permit confers a right under an Act – Owners Corporation Act 2006 s 140 – Planning and Environment Act 1987 ss 3, 4, 47–68, 87–91, 114–130
Elwick 9 v Freeman  VSC 234 (11 May 2018)
Nature of proceeding
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
350 William Street Owners Corporation No 1 PS 636376F v Melbourne CC  VCAT 335 (05 March 2018)
Water – gutter between adjoining buildings but on second respondent’s land – water damage to basement of one of the buildings – tenant vacates the basement and landlord (applicant) suffers economic loss – whether there was sub surface water, or water from the gutter, or both, that caused the damage – whether there was a flow of water from second respondent’s land – whether second respondent caused the flow – whether the water caused economic loss – quantum of compensation – reduction because of settlement reached with first respondent – Water Act 1958 ss 16, 19, 20.
Jiangzhe Holdings Pty Ltd v Phileo 303 Collins Street Pty Ltd (Owners Corporations)  VCAT 214 (23 February 2018)
Equal Opportunity Act 2010 (Vic) ss 4, 13, 44, 45, 46, 56, 75 – claim of discrimination on the basis of disability in the provision of services – whether owners corporation provides a service – whether other sections besides s 56 apply – whether s 75 provides an exception
Owners Corporations Act 2006 (Vic) – ss 4, 40, 45, 49, 52, 53 – whether inconsistent with applying Equal Opportunity Act 2010 ss 44-46
Building Act 1993(Vic) s 10 – application to buildings no longer under construction
Building Interim Regulations 2017 regulation 116
Disability Discrimination Act 1992 (Commonwealth) ss 13, 31 – effect on operation of Equal Opportunity Act 2010 (Vic)
Disability (Access to Premises – Buildings) Standards 2010 (Commonwealth) – incorporation in codes and regulations
Anne Black v Owners Corporation OC1-POS539033E  VCAT 185 (08 February 2018)
COSTS – Proceeding settled on terms defendant will pay plaintiff’s costs on a standard basis, or indemnity basis if ordered by the Court – Application for indemnity costs – Application refused.
Owners Corporation 630063L v CGU Insurance Ltd  VSC 34 (09 February 2018)
DECLARATORY RELIEF – Challenge to the jurisdiction of the Victorian Civil and Administrative Tribunal to continue to deal with applications – Whether Domestic Building Contracts Act 1995 applies to a ‘residential hotel’ development – Availability of injunctive relief to restrain the Victorian Civil and Administrative Tribunal from continuing to deal with a matter beyond jurisdiction – Domestic Building Contracts Act 1995, ss 3, 4, 5, 6, 8, 9, 53 and 54.
INJUNCTION – Restraining the Victorian Civil and Administrative Tribunal – Want of jurisdiction to deal with disputes in relation to building works which are excluded from the Domestic Building Contracts Act 1995 as a ‘residential hotel’.
Breach of Statutory Duty
Claims Against Owners Corporation
Agreement for owners corporation to have access to terrace for water proofing works – owners corporation’s contractor does not complete the works – whether owners corporation was agent for lot owner – responsibility of the parties for delay – whether the agreement was terminated by frustration – whether cause of water entry from terrace into apartment was identified – what works are required to complete the waterproofing – relevance of conduct of the parties – liability of owners corporation for cost of making good damage caused by its contractor – Owners Corporations Act 2006 ss 12(1)(b), 167(a).
Section 82 of the Planning and Environment Act 1987; Port Phillip Planning Scheme; Commercial 1 Zone; noise attenuation; building height; building setback; overshadowing; amenity.
ADMINISTRATIVE LAW – Application for leave to appeal to Supreme Court from the Victorian Civil and Administrative Tribunal (‘VCAT’) – Hearing of application for leave and the appeal, if leave granted, at the same time – Validity of rules preventing construction of a second storey on owner’s lot without the consent of the members of the Owners Corporation – Whether a rule prohibiting construction of a second storey on owner’s lot a prohibition of a matter to be regulated – Application for leave granted and appeal dismissed – Owners Corporation PS 501391P v Balcombe  VSC 384 applied and followed.
STATUTORY INTERPRETATION – Owners Corporation’s power under Owners Corporation Act 2006, s 138 – Determination of the validity of subordinate rules made by Owners’ Corporation.
Application under Section 77 of the Planning and Environment Act 1987; Frankston Planning Scheme; General Residential Zone; Conversion of Existing Building into Dwellings; Internal Amenity; Reduction in Car Parking; Affordable Housing; Management.
Administrator – decision to raise special levy to fund a proceeding against one lot owner – decision to consent to other lot owners joining in the proceeding – levy paid by mistake – whether decisions void – claim for restitution – Owners Corporations Act 2006 ss 12, 24(1), (2) and (2A).
Section 82 of the Planning and Environment Act 1987; Port Phillip Planning Scheme; General Residential Zone Schedule 1, Heritage Overlay Schedule 444; Alterations to existing dwelling; impact on heritage values, neighbourhood character, amenity impacts
TRUSTS AND TRUSTEES – Application for approval of the amalgamation of two trust funds under a charitable trust established in 1887 – Provisions for establishment of a body corporate to be substituted for the plaintiffs as trustees of the charitable trust on the same trusts – Ballard v Attorney-General for Victoria (2010) 30 VR 413 – Re Dion Investments Pty Ltd (2014) 87 NSWLR 753.
TRUST AND TRUSTEES – Power of Court to approve amendments to the terms of charitable trusts – Trustee Act 1958 ss 48(1) and 63
PLANNING & ENVIRONMENT — Application for leave to appeal and appeal from the Victorian Civil and Administrative Tribunal under s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) — Acquisition of residential units — Land Acquisition and Compensation Act 1986 (Vic) s 36 — Two notices of acquisition gazetted – Whether the notices require the units and the common property to be valued separately — Construction of notices of acquisition — Applying the ‘technical meaning’ of words — Whether the Tribunal erroneously construed the notices — Owners Corporation Act (Vic) ss 11, 14 — Subdivision Act 1988 (Vic) ss 27A, 31, 31A, 32 — Transfer of Land Act 1958 (Vic) s 27 — Application for leave to appeal granted and appeal allowed.
Owners Corporation Act 2006; owners corporation’s duties Section 5 and 46; whether Tribunal should reopen the determination of issues the subject matter of findings in a related proceeding.
Whether lot owner breached rules when he installed shade sails and a clothesline on his terrace – whether he was entitled to install shade sails under section 12 of the Subdivision Act 1988 (Vic) – whether he was entitled to install shade sails and clothesline under section 132 of the Owners Corporations Act 2006 (Vic) – whether rules valid – what orders to make where breaches found.
Costs – nature and complexity of proceeding – unsuccessful application for summary dismissal – respondent repudiating terms of settlement – Calderbank offer – owners corporation rule, requiring respondent to pay costs, is beyond power – Victorian Civil and Administrative Tribunal Act 1998 , s 109 .
Claim for damages for cracked internal walls; no breach of duty by owners corporation; claim dismissed; claim for reimbursement of expert report dismissed.
REAL PROPERTY Restrictive covenant Restriction to ‘not more than one dwelling house and outhouses’ Burdened land contiguous to unburdened land Common ownership Proposal to develop both lots as one Proposal to erect three level block of 21 apartments Presence of some multi-unit development in the greater neighbourhood Whether modification to covenant to allow apartment development of proposed larger scale ‘will not substantially injure the persons entitled to the benefit of the restriction’ No objectors joined as parties Scale and imposition of proposed development exceeds degree of changes in neighbourhood Onus not discharged Application refused Property Law Act 1958 (Vic), s 84(1)(c)
REAL PROPERTY Application to remove restrictive covenant Beneficiaries expressing opposition out of court but not willing to attend court and be joined as defendants Function of the Court in unopposed applications Plaintiff’s onus of proof Exposure of facts and opinion from town planner on ultimate issue Adoption of facts by Court Non-adoption of opinion from underlying facts
Summary dismissal application – dispute resolution process – whether process followed before proceeding commenced – construction of model rule 6 – whether Points of Claim so defective that the proceeding should be dismissed – Owners Corporations Act 2006 ss 153, 154 – Victorian Civil and Administrative Tribunal Act 1998 s 75(1).
Claim for damage to unit caused by tree roots; not sufficient proof tree roots caused damage; owners corporation not liable.
Summary dismissal of proceeding – Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 75(1) – Principles to be applied – Disputed issues of fact and law – Issue of public importance – Costs of unsuccessful summary dismissal application under s 75.
Domestic building, application to join a party under s 60 of the Victorian Civil And Administrative Tribunal Act 1998 , application to join as an interested party without draft pleadings, oral application concerning s 165(1)(ba) of the Owners Corporations Act 2006 , alleged delay seeking joinder, no consent from the proposed joint party, potential risks to the proposed joined party of both being joined or not being joined including risk of costs order, incurring costs, Anshun estoppel, res judicata, solicitors for the party seeking joinder potentially acting as de facto solicitors for the proposed joined party, potential for conflict of interest, application to adjourn a long hearing, alleged prejudice to the party resisting the application for adjournment, whether the application to join the proposed joint party was bona fide.
Sections 32, 33 and 34D Subdivision Act 1988; alteration of lot entitlement and liability based upon discrepancy in valuations by reason of major changes in use of lots since original subdivision; just and equitable justification
Air conditioning equipment installed on common property; application for authorising order under s 165(1)(ba) Owners Corporations Act 2006 for removal; no evidence of majority support; order refused. Application to declare special rules invalid; no evidence of invalidity.
Fee recovery application; manager’s administrative costs, costs of Court warrants, fees and allowances in answer to summons.
Bin corral, whether a refurbishment of existing structure or a new structure; whether significant alteration to common property; requirement for special resolution; validity of ballot; whether conduct of OC unreasonable, oppressive or discriminatory against lot owner; devaluation of property; proposed relocation of corral; Owners Corporation Act 2006 ss 52,167.
Application by Chairman Owners Corporation
JUDICIAL REVIEW – Review of VCAT decision – Whether Tribunal gave adequate reasons – Whether path of reasoning disclosed – Whether reasons allow for inferences to be drawn as to the findings of the Tribunal – Whether recitation of the law is sufficient – Secretary to the Department of Justice v YEE  VSC 447 referred to and applied – Insufficient reasons given OWNERS CORPORATIONS – Owners Corporations Act 2006 (Vic) ss 12, 47, 48 50, 52, 53,165, 167 – Defendant owners corporation passed special resolutions to install fire alarm system to allow residential use of some lots – Premises otherwise used for industrial purposes in industrial zone – Plaintiff occupied lot for industrial purpose – Whether any benefit to plaintiff – Whether owners corporation has power to enter onto lot to install fire alarm system – Liability for costs of installation – Whether alarm service is a ‘system’ or ‘alteration to common property’ such as to enable the owners corporation to impose a levy upon lot owners – Powers of VCAT under s 165 – Powers under s 165 not ‘at large’ – Christ Church Grammar School v Bosnich (2010) 34 VAR 23 followed and applied.
Costs – nature and complexity of proceeding – unsuccessful application for summary dismissal – respondent repudiating terms of settlement – Calderbank offer – owners corporation rule, requiring respondent to pay costs, is beyond power – Victorian Civil and Administrative Tribunal Act 1998, s 109.
CORPORATIONS — Defendants guaranteed loan to company of which they are directors — Plaintiff claims amount owed under guarantee — Administrators appointed to company under pt 5.3A Corporations Act 2001 (Cth) — Company subsequently wound up and administrators appointed as liquidators — Liquidators commence and complete sale of real property owned by company.
Application by a committee member for authorizing order to proceed with claim on behalf of owners corporation for an order authorising him to revoke appointment of respondent manager. Owners Corporations Act 2006 s 119(6), s163(1A), and s165 (1)(ba).
Extraordinary fees S24 Owners Corporation Act, poll vote; validity of resolution (16 January 2017)
Costs – VCAT 1750 (19 October 2016)
Appeal VSC 551 (21 September 2016)
Administrative Law VSC 562 Administrative Law (20 September 2016)
Validity of Rules – VCAT 1395 (15 August 2016)
Rules – VCAT 1502 (6 September 2016)
Costs on fee recovery application, claim paid before application served. Order for costs – VCAT 1354 (15 August 2016)
Special Rule Prohibiting Pets from Common Property and Private Lots – VCAT 1312
Review under s 120 Victorian Civil and Administrative Tribunals Act – VCAT 1170
Negligernce/Procedure VSC 354
Proportionate Liability – VCAT 938
Planning and Environment VCAT 1016
Validity of Head Lease and Transfer of Lease over common property; Car parking spaces; No evidence of special resolution for grant of lease. VCAT 963
Breach of Tribunal Order/Conduct of Owners Corporation and Owners Corporation Committee/Water damage to lot and lot storage space – VCAT 856
Licence/Waiver/Injunction – VCAT 851
Domestic Building VCAT 699
Alleged breach of duty – VCAT 680
Applicant – VCAT 679
Owners Corporation Act 2006 (VIC) VCAT 533
Applicant Seeks to withdraw Proceeding VCAT 362
Applicant Seeks to withdraw Proceeding VCAT 362
Owners Corporation No 1 PS537642N v Hickory Group Pty Ltd Building and Property 2015 VCAT 1683
Owners Corporation No 1 PS434030 v Carroll Owners Corporations 2015 VCAT 1414
Archiscale v Darebin CC 2015 VCAT 1404
Owners Corporation No PS611203E v Furman Constructions Vic Pty Ltd Costs Building and Property 2015 VCAT 1159
Titles Strata Management Pty Ltd ABN 32001119331 v Frank Nirta and Others According to Schedule Attached 2015 VSC 366
Owners Corporation No 1 PS507443P v Iglesias Owners Corporations 2015 VCAT 558
Seacliff Management Pty Ltd v Acciaccarelli Owners Corporations 2015 VCAT 508 22 April 2015.pdf
Titles Strata Management Pty Ltd v Frank Nirta and Others 2015 VSC 187
Burbank Australia Pty Ltd v Owners Corporation PS 447493
Owners Corporation RP003605 v Chung Owners Corporations 2015 VCAT 238 27 February 2015
Owners Corporation 411216 v Stepan Owners Corporations 2015 VCAT 252
Salter v Building Appeals Board & Ors  VSC 279
Asian Pacific Building Corporation Pty Ltd v Sharon-Lee Holdings Pty Ltd 2013 VSC 11
Member Case Updates VIC