Resolving disputes
Changes to the Unit Titles Act include new dispute resolution rules and fees.
Tenancy Tribunal
A person will be able to apply to the Tenancy Tribunal for mediation or adjudication if they have a dispute relating to their unit title property about an amount less than $100,000 – this was previously $50,000. The costs for applying to the Tenancy Tribunal have been reduced – to $250 for mediation and $500 total where the dispute requires adjudication (a hearing). This means if a $250 fee has been paid and the dispute is then referred to adjudication, a further fee payable of $250 is required. The maximum total fee payable for a dispute is $500.
Who can apply to the Tribunal
People who can apply to the Tenancy Tribunal, or have an application made against them, include unit owners, a unit occupier (tenant), a body corporate, a body corporate manager or a party to a signage agreement.
Applications to the Tenancy Tribunal for unit titles disputes are subject to the Limitation Act 2010. This means that there are time limits on how long a party can take to make a claim to the Tenancy Tribunal.
The Courts
The District Court and the High Court have jurisdiction to hear unit title disputes. The District Court for disputes relating to the application of insurance monies up to $50,000 – and other disputes between $100,000 and $350,000 – but not disputes about land title. The High Court will be able to hear disputes about land title, disputes relating to the application of insurance monies over $50,000, and any other disputes over $350,000.
