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ACAT Ruling Tribunal: Section 31 Costs and Expenses

by Chris | Mar 2, 2017 | ACT, Case Review, Levies, News & Publications

The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy...

ACT Case note: Recovering costs in levy recovery matters

by Allison | Mar 21, 2016 | ACT, Case Review, Levies, News & Publications, Recent News

On 20 November 2015 ACAT heard a levy recovery matter and made a decision that has a significant impact on all strata levy recovery matters commenced in ACAT. The case was The Owners – Units Plan 840 V Richardson (Civil Dispute) [2015] ACAT 77. What was the case...

Recovering legal costs in levy recovery actions in the ACT: Good news for owners corporations

by Allison | Apr 26, 2015 | ACT, Levies, Uncategorized

Section 31 of the Unit Titles (Management) Act 2011 (ACT) (the Act) enables an owners corporation to recover expenses from a lot owner if such expenses relate to work conducted by the owners corporation because of a wilful or negligent act or omission by an owner or...

Is bankruptcy the best option? Considerations when contemplating bankruptcy proceedings against debtor lot owners

by Allison | Feb 18, 2015 | ACT, Legal Alert, Levies, Levies, NSW, Recent News

Once judgment is obtained against a debtor lot owner, there are various enforcement options that may be canvassed by the owners corporation. If the judgment debt (which includes interest and legal costs) is $5,000 or more, one of the enforcement options open to owners...

Debt Collectors v Lawyers – When is it time to call in the Legal Professionals?

by Allison | Aug 26, 2014 | ACT, Legal Alert, Levies, Levies, NSW

When seeking to recover unpaid strata levies, it is natural for Owners Corporations to want a fast result with as little money spent as possible. For this reason, many may shy away from enlisting the assistance of lawyers, fearing excessive legal fees will result in...

New Debt Collection Guidelines: Are you following the appropriate procedure?

by Allison | Aug 7, 2014 | ACT, Legal Alert, Levies, Levies, NSW

In July 2014, Australian Security Investments Commission (ASIC) and Australian Competition and Consumer Commission (ACCC) jointly released a publication entitled “Debt Collection Guideline: for collectors and creditors” (the Guideline). The Guideline is a timely...
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