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[gbrownie]

Just throwing this one out there

 

Are we silly as an Owners Corporation to take on a lot owner (potentially with a lawyer) without a lawyer for ourselves. 

 

We have clear evidence based case with an interim order action, it all happened so fast only days out now from the hearing are we thinking about potentially needing a lawyer.

How often do the owners speak up for themselves vs having a lawyer? 

Also as part of our hearing it seems we have a directions hearing as the case may be more complex 

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[Lady Penelope]

From my experience you don’t need a lawyer if the case is simple and you can discover other precedent cases on the Austlii site.

If the case is more complicated and you are dealing with a novel subject matter than a lawyer might be appropriate.

These things take time so you would need someone who has the time available to do the research and write the application and/or response.

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[Sir Humphrey]

Agree with LP. I have been the OC representative in the ACT’s Tribunal several times. I have no legal training. It was not so hard for straightforward matters. We got a lawyer for one matter where the stakes were much higher, there were multiple respondents and rather more complexity. 

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[gbrownie]

Thank you LP and SH

we went today and now have our matter adjourned until August 

however we need to update our Orders and do redo a paper executive meeting 

the respondent didn’t show up, however it was an interim order so they may not have received it as the works are still going this week after the order was sent.

I was a little naive in thinking I didn’t need some legal help, as we need to redo the data packs and print in colour and put into three folders, one for the principal, one for the respondent and for us, tabs showing each point etc 

but I had all the data and organized, however not to the high standards they expected today 

 

it’s stressful and my health has taken a turn with this matter but it’s incredible how many bylaws this lot has actually contravened 

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[gbrownie]

We have three business days to submit an appeal 

7days for appeal seems like such a short turn around

given a members “opinion” not the law, ruled on the case would you think this can be challenged?

what is the process? Resubmitting evidence?  

I personally can’t go through appeal, but these horrible neighbours popping champagne and shouting off their balcony after NCAT was enough to piss off the block but I’ve invested enough energy.

we should have recorded their sounds but didn’t think audio was evidence as we had to submit folders not audio as our evidence 

 

so annoyed that we didn’t pay for a lawyer but at the same time if we paid I’d be more upset of wasted money due to opinions vs law being upheld by the member 

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[Jimmy-T]

Talk to a lawyer now and ask them what they think your chances of success are.  The fact that the Member said the by-law was valid, that it had been breached and that NCAT was able to rule on this is a pretty strong position to start with in my opinion.

But a competent, experienced strata lawyer will tell you straight off if it’s worth appealing on that basis. Call our sponsors, Sachs Gerace Broome and say you’ve come from this website and they’ll give you good advice. 

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[gbrownie]

Thanks Jimmy 

just one more question 🙂 

for Owners Corporations (OC) do Strata Managers usually attend NCAT and speak on behalf of the applicants? 

Or the strata Committee themselves 

lots of people have said our strata manager should have prepared the info and fought on behalf of the OC

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[Jimmy-T]

@gbrownie said:
Do Strata Managers usually attend NCAT and speak on behalf of the applicants? Lots of people have said our strata manager should have prepared the info and fought on behalf of the OC  

They can and usually will if you ask them to, and pay them extra for doing so.  But they won’t necessarily take up cudgels for you on every issue, as a matter of routine.

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