Community Titles Act 2018

The Tribunal may, on application by a member of a community corporation, if it is satisfied that a community corporation has unreasonably refused to make an application to the Tribunal under this Act —

authorise the member to make the application on behalf of the community corporation; and

authorise expenditure from a fund of the community corporation for legal advice and legal action for the proceedings.

For the State Administrative Tribunal Act 2004 section 45(1)(b), the following persons are entitled to a copy of, or notice of, an application to the Tribunal under this Act to which a community corporation is a party —

each member of the community corporation;

each mortgagee of a lot who has given written notice of the mortgagee’s interest to the community corporation;

the occupier of each lot in the scheme that would be affected if the order sought were made.

Despite the State Administrative Tribunal Act 2004 section 45 —

the entitlement is to a copy of the application unless there is an approved form for the purpose, in which case, the entitlement is to notice in the approved form; and

if the applicant is not the community corporation —

the obligation to give a copy of, or notice of, the application to the persons entitled under subsection (2) falls on the community corporation rather than on the applicant; and

section 45(3) of that Act applies as if the community corporation were the applicant.

In addition to the circumstances in which the State Administrative Tribunal Act 2004 section 47 applies, that section applies to a scheme dispute if the Tribunal —

is not satisfied that the nature of the dispute is more than trivial; or

is not satisfied that the applicant has an interest in the matter that is more than trivial and warrants recourse by the applicant to the Tribunal; or

is satisfied that the purpose of the application is to harass or annoy, or to cause delay or detriment, or is otherwise wrongful; or

is satisfied that the nature and gravity of the dispute is such that it is reasonable to expect the parties to resolve the dispute without recourse to the Tribunal.

The Tribunal may make a final decision in proceedings under this Act at a directions hearing if the Tribunal considers that appropriate.