Hi drshelley,
Jimmy is right on the mark here. I have been battling atrocious timber floor noise from above for almost 2 years now. I can really empathise with your position. The irritation and sleep deprivation are a killer. I would go down the mediation and CTTT adjudication/orders path. It may take considerable time and it can be a frustrating process but you are likely to get a much better result. The threat of a $100-500 fine does little to dissuade a selfish owner. Multiple fines in excess of several thousand dollars is more of an incentive. Their statement that it meets BCA standards is just rubbish. I bet they have one of those acoustic reports that installers hand out like junk mail. They are of “no evidentiary value” to quote a recent adjudicators decision. Grab yourself a application for mediation form from fair trading and get the ball rolling. Keep ongoing detailed noise logs (start time, duration, type of noise, what you did, how it affected you) and get corroboration as my solicitor advised me. This involves getting witnesses to sign your noise log attesting to their experiences. Also get stat decs from visitors and neighbours. A united front in the strata scheme to stamp out this chancer from upstairs will yield results.
Ps ask then to supply the professional acoustic report for their floor (tap testing) in writing, if they decline it implies that they have something to hide.
Cheers