#60817
kaindub
Flatchatter

    This is a slight diversion but I think deserves airing

    I have instigated an APVO against a lot owner.

    The initial application is easy, just requiring completion of a form and an interview by the registrar at the local court. The registrar will determine on the basis of your initial application, which is just a few sentences, whether there is merit. He does not determine whether you will succeed.

    From here it gets more interesting. Court appearances and sub,issions will be required. The act (I can’t recall the name) defines what does and does not constitute behaviour covered by an APVO.

    Basically it’s not to keep annoying people at arms length. It does not cover verbal abuse. It’s designed to protect people from physical harm. Your lawyer will examine your claim and advise whether you have grounds.

    In order to deter frivolous use of an AVPO, the courts will award costs if you lose your application.  Even if you withdraw your application, the court could award costs against the applicant.

    The cost of getting an AVPO awarded, if you use a lawyer, will be $3000 and up, depending on the veracity of the other parties argument. And the other party will spend similar money.

    In my experience, the AVPO is a tool available to all lot owners. BUT it’s a very blunt tool that should be used as a last resort and only where physical violence is threatened.