Hutcheson v Body Corporate for Chateau Bohemia CTS 17563 [2025] QCAT 21 (17 January 2025) STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – whether application is a complex dispute as defined by the Body Corporate and Community Management Act 1997 within the Tribunal’s jurisdiction – whether misconceived and ought to be dismissed – whether costs order should be made Download Case PDF
Gilbert v Whitford (Owners Corporations) [2025] VCAT 107 (4 February 2025) Two-lot subdivision; application seeking declaration that the owners corporation has unreasonably withheld consent to a proposed development of a lot contrary to Model Rule 5.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018; Owners Corporations Act 2006 section 165 - what orders the Tribunal may make where it finds a breach of rules; [...]
Schinaia v Simmonds (Owners Corporations) [2025] VCAT 139 (10 February 2025) Application to amend minutes of general meetings, application to amend contents of Chairman’s report tabled at a general meeting, application to seek an order requiring a lot owner not to re-commence video surveillance, Owners Corporations Act 2006 (Vic) s 81 considered, Tribunal’s power to amend minutes of meetings, application dismissed Collins v Network Pacific Strata Management Pty Ltd (Owners [...]
Rokon Holding Pty Ltd v River St Property Nominees Pty Ltd [2025] VSC 96 (13 March 2025) JUDICIAL REVIEW — Appeal from the Victorian Civil and Administrative Tribunal —Dispute between lot holders — Summary dismissal application before Tribunal based on unjustified proceedings and want of prosecution — Summary dismissal test a ‘high bar’ — ‘hopeless’ or ‘bound to fail’ test for dismissal at Tribunal distinguished from Civil Procedure Act 2010 [...]
Morgan v Owners Corporation 428646N (Owners Corporations) [2025] VCAT 104 (6 February 2025) Damp common property slab affecting private lot, Water Act 1989 (Vic) claim not proved, claim for repairs and maintenance under section 46 Owners Corporations Act 2006 (Vic) proved. Download Case PDF
JRVT Pty Ltd v Traczyk (Owners Corporations) [2025] VCAT 108 (6 February 2025) Model Rule 6.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018 - Owners Corporations Act 2006 (Vic) sections 165 and 167 – what orders the Tribunal may make where it finds a breach of rules – what must the Tribunal consider when making orders under section 165 - discretion of the [...]
Puppa v Owners Corporation RP007059 (Owners Corporations) [2025] VCAT 77 (28 January 2025) Application for declaration that no owners corporations fees owing or payable, and orders directing the owners corporation to issue a certificate under s 151 of the Owners Corporations Act 2006 to that effect. Applicant concedes that has made no payments since 2018. Applicant disputes the validity of resolutions passed at Annual General meetings, and asserts that Notices [...]
Lovison v Owners Corporation 1 Plan No. PS 1663W (Owners Corporations) [2024] VCAT 1178 (11 December 2024) Application for appointment of administrator s.173 Owners Corporations Act 2006 (Vic); Disharmony and dysfunctionality at subdivision. Whether good faith decision making compromised. Appointment of administrator for 12 months. Download Case PDF
Arcadia Waters Midwest Pty Ltd v Darcey [2025] WASC 92 (21 March 2025) • Retirement Village Scheme - Application for approval to terminate - Premium to be repaid by in specie transfer Download Case PDF
The Owners Of Hubbard House Strata Plan 9814 v Mckirdy [2024] WASC 490 (20 December 2024) • Criminal law - Appeal from Magistrates Court - Appeal against a decision to convict - Offence of owner permitting vehicle to park in the Perth Parking Management Area without a licence contrary to s 7 of the Perth Parking Management Act 1999 (WA) - Proper construction of s 7 of the Perth Parking [...]
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