Owners Corporations Act 2006

VCAT in making an order must consider the following—

the conduct of the parties;

an act or omission or proposed act or omission by a party;

the impact of a resolution or proposed resolution on the lot owners as a whole;

whether a resolution or proposed resolution is oppressive to, unfairly prejudicial to or unfairly discriminates against, a lot owner or lot owners;

any other matter VCAT thinks relevant.

For the purposes of an order under section 162(d), in determining a dispute or matter relating to whether a term of a contract of appointment of the manager of an owners corporation is fair, VCAT must consider Part 2-3 of the Australian Consumer Law (Victoria) as if a reference in that Part to a consumer contract were a reference to the contract of appointment of the manager.