Reply To: Mediation – solicitor hired by OC

Kaindub,

Thanks for your reply.

You wrote (in regular text below) with my response in italics:

Hang on. No SC. That means no strata committee?

Correct. The SC dissolved 2 mths ago and gave their powers to the agent with no discussion with owners prior to a EGM where there was no Q&A. That was the point of my application for mediation: for the OC to explain itself. The OC decline mediation and I can take the matter to NCAT.

So how is the strata manager getting instructions?

I suppose it depends on how he feels. He certainly does not ask me for my views and I am unaware that he seeks instructions on managing the scheme from anyone.

The strata manager can be delegated the functions of the chairman, secretary and treasurer but thst does not extend to making decisions of the OC. Has a general meeting been held to confirm the lawyer.?

No, there was none.

To decline mediation at NCAT?

No, there was none.
I

think you have a strata manager that’s overstepping their authority.

I agree.

If you ever get to NCAT on this issue, I’d raise with the tribunal whether the strata manager or the lawyer isvauthorised to represent the OC.

After I did not consent to a lawyer representing the OC at mediation, as stated earlier, the OC declined mediation. The next day the OC’s alleged lawyer (not strata manager) wrote to NCAT seeking leave to appear for the OC at the forthcoming NCAT hearing. There was no meeting of the owners prior to his letter to NCAT authorising his engagement. NCAT asked the lawyer to seek my consent to represent the OC. The lawyer then wrote to me and I did not consent to the OC having legal representation as surely the cost of a lawyer is prohibitive for a small strata scheme; the participants should be able to themselves explain their behaviour, which I documented in my evidence; and that a lawyer for the OC would, I claimed, disadvantage me, as I can’t afford a lawyer. NCAT today allowed all the parties lawyers if the parties wanted them citing the issues involved are complex.

You may find you are fighting no one and get a judgement in your favour because the other side did not turn up.

• This reply was modified 1 year, 2 months ago by .