#12451
Anonymous

    It is my understanding that there are no re-hearings now for strata matters.  Appeals are only on the grounds of an error of law or fact and I understand it is at the CTTT's discretion to allow new evidence for an appeal. That puts the onus on the applicant to follow due process in their applications and that is what the CTTT has suggested here – that due process was not followed.  In this case I agree it is dreadful that an adjournment was not allowed to get the minutes of the meeting and this seems to be very unreasonable and a case of a denial of natural justice.  A strata lawyer recently told me that the CTTT members are under pressure to process cases quickly – seems that is what has happened here.  Not enough members, inadequate pay, inadequate legal training, part-time members all contribute to the problem at the CTTT.

    There is something very wrong with the system and the Minister should be looking at this.  As applications are in writing and it is becoming abundantly clear – a knowledge of strata law is a prerequisite before lodging applications – how does the average person fare?  Many owners are aged – they are not computer literate – they are frail – they do not have a lot of money.  How can they go through this system to get justice?

     

    After my experience with the CTTT over many years, I have formed the conclusion that in strata matters, it is not the people's court.  I would now advise any one lodging applications to get legal advice from a strata lawyer first.  People should not have to spend thousands of dollars and be put through this to get justice in their own homes.