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Consumer Trader and Tenancy Tribunal

The Consumer, Trader and Tenancy Tribunal (“The Tribunal”) was established on the 25th February 2002 by the Consumer, Trader and Tenancy Act 2001. The Tribunal was the result of the merging of the Fair Trading Tribunal and the Residential Tribunal. The Tribunal was established as a specialist dispute resolution forum for consumer, trader and tenancy based matters.

The Tribunal contains a Strata and Community Schemes Division, in which the Tribunal may exercise its jurisdiction in respect of matters arising under:

1. the Community Land Management Act 1989, and
2. the Strata Schemes Management Act 1996.

Strata Schemes Board

The Strata Schemes Board’s function is to deal with matters referred to it by the former Strata Schemes Commissioner or an Adjudicator and with applications under the following categories:-

1. Initial or original jurisdiction – the following matters must be decided by the Board:


1. Sections 182, 183 of the Strata Schemes Management Act and Clause 15, Schedule 4 of the Strata Schemes (Freehold Development) Act 1973;
2. Varying or revoking its own previous order,
3. Rehearing its own cases, and
4. Imposition of fines


2. Referred jurisdiction – An Adjudicator is entitled to refer any such disputes to the Board if the Adjudicator considers the matter is:-


1. legally complex;
2. particularly important;
3. likely to frequent recur; or
4. Any other good reason.


3. Appellate jurisdiction – An appeal may be made to the Board against an order made by an Adjudicator. In the case of an interim order the only ground of appeal is that the Adjudicator acted unreasonably in making the order. In the case of other orders the applicant has a right of appeal. The appeal may be made by:


1. the applicant for the order appealed against;
2. a person who made a written submission on the application for the order; or
3. a person required by the order to do or refrain from doing a specific act.

Tribunal Proceedings

The Consumer, Trader and Tenancy Tribunal is required to investigate an application for an order or, in the case of an appeal the grounds for the appeal, before an order is made.
However, this does not apply to the making of an order for a stay of proceedings. Such an order can be made on the basis of the information available to the Tribunal at the time. In any such investigation, or in any proceedings before the Tribunal for an order, the Tribunal:

• is not bound by the rules of evidence

• may inform itself on any matter in whatever manner it thinks fit, and

• must act according to equity , good conscience and the substantial merits of the case without regard to technicalities or legal forms.

The Tribunal need not hold a hearing in order to decide an application or appeal unless an appearance is made by a person entitled or required to appear before it. A hearing does not have to be held formally, although the Management Regulation specifies certain procedures that may be followed by a Tribunal if all of the parties indicate that they do not intend to call witnesses and the Tribunal and all of the parties agree that the application should be heard in that manner.

The dispute resolution process can be quite complex, particularly when matters are listed before the Tribunal, therefore it may be wise to seek advice from a strata law expert. For further information, please also click on the following link to be direct to the Consumer Trader & Tenancy Tribunal

http://www.cttt.nsw.gov.au/default.html

The Strata Agency works closely with a number of strata law experts, if you would like any further information please contact us