Disputes involving Strata Schemes

May 26, 2023 | Publication

With the growing number of people in capital cities residing in strata schemes, and the increased number of strata schemes, disputes involving strata schemes are becoming increasingly prevalent.

In New South Wales, one relevant piece of legislation is the Strata Schemes Management Act 2015 (the Act).

Section 218 of the Act provides that an owners corporation for a strata scheme may establish a voluntary process for resolving disputes between any one or more owners of lots in the scheme, other interested persons, the owners corporation, the strata committee, the strata managing agent and the building manager.

The Act also provides for a process of mediation of any matter which may ultimately be brought in the NSW Civil and Administrative Tribunal.

The NSW Civil and Administrative Tribunal deals with disputes involving strata schemes.

The Tribunal may make various types of orders relating to strata schemes as set out at sections 229 to 238 of the Act inclusive.

Often disputes involving strata schemes benefit greatly from the early identification of the real issues in dispute and an effective strategy for their resolution.

Latest Insights

The Rise of Generative AI in Law and the Need for Caution

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

Australia Introduces Statutory Tort for Serious Invasions of Privacy

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...

Building Disputes – Which Court or Tribunal Deals with Them?

In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims.  There are numerous claims prosecuted and defended in...

When should a business take legal action on an overdue account?

Generally speaking, an overdue account should be acted on promptly.  The longer it is left, the greater the likelihood the account will need to be written off. Unless the debtor has a satisfactory reason for delaying payment, the account should be followed...

Court Rules Against Kmart in Personal Injury Appeal

In a recent case, Kmart has been held liable for injuries sustained by a customer in its Woy Woy store, after a mountain bike in a heavy, oversized box fell from another customer's shopping trolley, injuring Ms Rita Marmara. The New South Wales Court of Appeal upheld...

Can a Shareholder claim against a Company?

A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...

Court of Appeal Clarifies GP’s Duty of Care in Varipatis v Almario

In a landmark decision, the New South Wales Court of Appeal upheld the appeal of a general practitioner (GP) who was previously found negligent for not referring a morbidly obese patient for bariatric surgery. The case, Varipatis v Almario [2013] NSWCA 76, provides...