The OP said “I referred the behaviour of the OC and strata mgr matter to NSW FT and as a courtesy, informed the OC and the agent of this.”
I have often referred the behaviour of a strata manager to FT, to the compliance division of FT which is not the mediation unit. No point in mediating such things. There isn’t a code of conduct for agents in the PSA Act for fun, although it seems window dressing.
I have applied for mediation, never referred. I have referred to the compliance division, never applied.
OP has since clarified. My apologies for interpreting their comment as being a refereal rather than an application.
Just on mediation; there are provisions to apply to have it not needed, i.e. dispensed with, s 218. This is a lot narrower than the 1996 version of the same, s 125, which only required one to show mediaition was inappropriate. I did successfully have mediation dispensed with just once and that was in relation to a records search. A records search is now, in the 2015 Act, one of those matters that do not require mediation.
And as I said before – never agree to anything at mediation as NCAT will look at these agreements and give weight to what is in them.
From a legal stand point these are dangerous agreements for ordinary owners to enter into without proper legal advice on what is proposed to be agreed to.
A couple of cases where mediation agreements meant something at NCAT.
Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7
and
Gorski v The Owners Strata Plan No 36965 [2019] NSWCATCD