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[danny54]

Is it better to go through the Dept of Fair Tradings Mediation before asking for an adjudication? I have tried to talk to the new owner upstairs about him taking away carpets, I have written to him and asked the Strata Manager to do the same. At the AGM he flatly refused to do anything but rugs on the floor. Seems to me he is not interested in mediation. Also does anyone recommend a good Strata lawyer who deals with these matters and is reasonably priced? Thanks

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[Jimmy-T]

You don't have any choice – mediation is a compulsory first step before adjudication.

As for lawyers, have a look at our “Essential Links” page but I know both Teys  Lawyers and, recently, Grace Lawyers have had success in this are recently.

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[danny54]

Thanks very much for getting back so fast.

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[danny54]

I have talked to a lawyer. You are right it is expensive. Lawyer mediation advice is coming in at $500 and then for the Adjudication, audio monitoring is going to cost around $1-2K and then representation around $2-3K.  Living with this noise is not pleasant and the alternative means that I am going to have trouble renting out the place. First up the lawyer also suggested I get the Body Corp to issue a Section 45 notice  which may influence the upstairs owner to put down floor coverings. I will try this and we shall see. Some owners have a combination of floorboards and carpet which could assist.

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[considerate and fair]

Hi danny54,

If you have money to spare you should go ahead with lawyers but you don't have to. When you send your complaint to OFT I think the cost is $70?  The  first part of the process is mediation, meaning would you like to meet with the other party with a mediatior to discuss your issue and try to resolve. This is not compulsory for you to attend but it is the compulsory  first step in resolving. After that comes the process of adjudication. Then you send your info and of course you can have legal representative but in my experience I have had barristers which cost many thousands of dollars and we  still lost.  So, again we go back to the kangaroo court of the CTTT.

Best of Luck,

CBF

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