It is utterly preposterous that we have a system that requires a super-majority to pass by-laws and then we have to prove the by-laws are pertinent before some retired solicitor who doesn’t understand strata and doesn’t care about strata residents, and sits there like Solomon, re-litigating every nuance of what should be an open and shut case.
If someone breaches a by-law, they should be fined and orders issued to correct the problem. If they want to challenge the by-law, they have plenty of opportunities to do so at AGMs etc. Otherwise the burden of proof should be on them, not the strata scheme, and there should be an assumption that they will bear all the costs unless they can prove beyond doubt why they shouldn’t
The NCAT system is just as bad as CTTT ever was, with too many duffers and fumblers making decisions based on nothing more than their own biased ignorance.