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[fred11]

Jim,

In Dec 2016, you wrote an article titled “Fair Trading Minister Victor Dominello poised to crack down on strata law tyrants”

see : https://www.domain.com.au/news/fair-trading-minister-victor-dominello-poised-to-crack-down-on-strata-law-tyrants-20161209-gt7u6s/

Given that the focus is on actions of committee members, can you confirm ;

1) Were the minister’s comments taken from a public (Domain ?) presentation ? I googled it , but could not find the original source of the minister’s comments. Link ?

2) Section 232 – Orders to settle disputes or rectify complaints

https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s232.html

Your article referenced Section 232. One would expect that it is quite difficult for an owner to initiate/put forward a case to NCAT under this section. Wouldn’t ‘Fair Trading’ take an active interest/involvement in such a case (eg. at the point of ‘Mediation’) as it would be based on a committee ‘undermining/subverting the law in some way…’. 

3) Have you known of any cases dealing with this ?

thanks

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[Jimmy-T]

The story was written after a private conversation I had with the Minister.  He said anyone who pursued an issue using section 232 could refer to the Second Reading of the Bill where the intention of the law is spelled out in detail.  It’s that intention that is critical in pleading a case at NCAT.

And no, I don’t know of any cases where this has been employed but I’d like to hear if anyone has had any success (or failure) going down this route.

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