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Fair Trading can give you more information about the types of disputes the Tribunal can rule on. Here are some examples:

  • appeals against decisions of the Adjudicator
  • change unit entitlements
  • authorisation of certain acts in the initial period to preserve the facilities of the scheme in the early stages of a development
  • terminate a caretakers’ agreement.

When applying for an order by the Tribunal, you will need to submit relevant information and documents to prove your argument. If possible, attach a copy of the strata plan, minutes of relevant meetings, resolutions and the registered by-laws for the scheme.

How is a Tribunal case different from an Adjudicator’s case?

The preliminary process is the same (ie. filling in the application, paying the fee, sending in of submissions) but this time there is an open hearing before the Tribunal.

The hearing is similar to a Local Court although it is not quite as formal. There is one Tribunal for NSW which has regular hearings in Sydney and in other metropolitan and country locations.

Is a solicitor necessary?

A solicitor is not necessary. You may present (argue) your case by yourself.

 

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