How are Disputes Resolved?
The complexity of body corporate law, coupled with the varying stakeholders in a community titles schemes, has the propensity to generate disputes. When disputes arise, which they invariably will, it can absorb much of the parties’ time and result in significant tension amongst those parties.
Most disputes can be resolved through a combination of self-resolution methods, conciliation sessions or, where necessary, adjudication applications. However, some disputes require the decision of a court or tribunal.
Our approach is to engage the parties early to prevent a dispute escalating but, where that is not possible, to ensure that your dispute submissions and desired outcomes are thoroughly prepared and persuasively presented.
Our experience includes:
- advising clients of their rights and obligations to allow them to make informed decisions to resolve their dispute independently;
- successfully corresponding with parties as part of self-resolution attempts;
- issuing and responding to by-law contravention notices and notices of intended entry;
- issuing and responding to remedial action notices and code contravention notices;
- making and defending applications through the Office of the Commissioner for Body Corporate and Community Management;
- appealing adjudication applications and responding to those appeals in the Queensland Civil and Administrative Tribunal (QCAT);
- commencing or defending proceedings in QCAT for ‘complex disputes’;
- commencing or defending proceedings in the New South Wales Civil and Administrative Tribunal (NCAT);
- commercial litigation through the Courts, including with barristers where required.
At Small Myers Hughes, our lawyers have a wealth of experience resolving disputes involving owners, bodies corporate, caretakers and letting agents and engage in the most effective dispute resolution procedures to ensure your dispute is resolved as efficiently as possible.