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Adjudication

Adjudication is a dispute resolution process used by the CTTT to resolve most strata and community schemes disputes.  All parties in the scheme or those affected by the order sought are provided with a copy of the application and are invited to make written submissions.  The Adjudicator's decision is then made on the papers.  There is no hearing and parties are not required to attend the CTTT in person.

What kind of orders can an Adjudicator make?

Adjudicators can make enforceable orders on a range of strata and community schemes disputes, including:

  • Repairs to ceilings, walls and bathrooms
  • Water penetration through windows and shower floors
  • Breach of by-laws such as:
    • keeping pets without approval
    • excessive noise
    • insufficient floor coverings
    • parking on common property without approval
  • Alterations to common property
  • Use of air-conditioners
  • Appointment of a managing agent (strata schemes only)
  • Validity of meetings
  • Variation of insurance
  • Contributions and levies (strata schemes only).

How is a Adjudicator's decision made?

Applications to an Adjudicator do not require parties to appear at the CTTT.  A letter is sent by the CTTT to interested parties asking for submissions (the written views of anyone involved).  Learn more about submissions.

The Adjudicator looks at the application and all the submissions, as well as decisions made in similar cases.  The Adjudicator's orders and the reasons for the decision are made in writing.  Notices of the order are sent to the people involved, including the person who applied, the person it is against, anyone who sent in a submission and the Owners Corporation.

How long does it take?

The Adjudication process generally takes between 6 to 10 weeks after an application is lodged for an order to be made.  This allows sufficient time for all interested parties to lodge their written submissions.

Can I appeal an Adjudicator's decision?

Yes, you can appeal to the CTTT but you must do this quickly (within 21 days of the order coming into effect).  In some cases it may be possible to have the time to appeal extended to 90 days but you must have good reasons. 

If the Adjudicator dismissed your application the 21 days cannot be extended and you must appeal within that time.

Who is an Adjudicator?

An Adjudicator is a person appointed under the Strata Schemes Management Act 1996 or Community Lands Management Act 1998.  Most Adjudicators at the CTTT are also appointed as Tribunal Members.

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