Enter your email Address

  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Strata Property Basics: Strata Owners Corporation
    • Strata 101: Strata title
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
    • 2021 Updated Guide: Master the Art of Strata Insurance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap

LookUpStrata

Australia's Strata Title Information Site

  • NSW Magazine Site Banner
  • Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
You are here: Home / Reforms / Reforms WA / WA Strata disputes: Who pays for the State Administrative Tribunal process?

WA Strata disputes: Who pays for the State Administrative Tribunal process?

Published April 19, 2020 By Anthony Quahe, Civic Legal 2 Comments Last Updated December 7, 2020

Sharing is caring!

0shares

This article about who pays for the State Administrative Tribunal process in WA has been supplied by Anthony Quahe, Civic Legal.

In the 2018 amendments to the Strata Titles Act 1985 (WA) (the Act), the State Administrative Tribunal (SAT) was named as the sole forum for the resolution of strata disputes. The changes will come into force this year and are an improvement to the regime. Previously, disputing parties faced potential confusion in trying to choose between the right court and the SAT.

This article looks at:

  • why you might apply to the SAT to resolve a dispute;
  • who pays for the costs of SAT proceedings; and
  • whether the SAT awards costs orders.

Why should parties apply to the SAT to resolve a dispute?

SAT who pays costs Strata disputes can occur between lot owners, a lot owner and the strata company, or the strata company and strata manager, to name a few combinations. These disputes are often around a breach of scheme by-laws. For example, unauthorised use of common areas, excessive noise, refusal to pay levies or damage to property. Disputes such as these are best handled by the strata company through an informal, internal dispute resolution process, with reference to the strata by-laws.

However, sometimes this informal process may not be effective and one or more of the parties may want a more structured mechanism for resolving the dispute. Perhaps one party refuses to compromise. In such cases, a deadlock arises which should be broken by the intervention of the SAT.

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

Who pays the costs of a proceeding?

The person bringing the matter before the SAT (known as “the applicant”) must pay filing fees and fees that are incidental to subsequent proceedings.i Application fees and hearing fees vary depending on which section of the Act the applicant is applying under. The range of fees can be found in the State Administration Tribunal Regulations 2004 (WA) and on the SAT website.ii

The much more significant costs of a SAT matter will be for legal fees and other costs (such as that of expert witnesses e.g. engineers, arborists, landscapers etc.).

Who pays for legal representation?

Anyone who wants representation in the SAT need not engage a lawyer. Unlike the courts, the SAT may allow non-lawyers to be a representative at hearings and conferences. iii If the strata company is involved in the dispute, the director, secretary, or another officer of the body corporate may act as its representative.iv

But parties often engage lawyers to appear in the SAT because of their legal and advocacy skills and experience in the adversarial environment. Those can often make the difference to a matter.

Each party appearing before the SAT will generally bear their own costs for legal representation, unless the SAT makes a costs order in one party’s favour.

WA 10 Year Maintenance Plan Banner

Does the SAT award costs orders?

One often-touted feature of the SAT is that it is a “no costs” jurisdiction, meaning that the SAT does not normally award costs against a losing party. This is in stark contrast to the courts, which make such awards as a matter of course.

However, the SAT does have the power to order that all or any costs incurred by one party be paid by one of the other parties.v This is known as a costs order and can be for legal costs, costs related to the proceedings, or compensation for expenses, loss, inconvenience or embarrassment.vi When this happens, the SAT will order that an amount it considers appropriate be paid.

If the SAT does decide to make a costs order, it can be for a variety of reasons, including where:

  • a party has incurred unnecessary costs due to unreasonable or inappropriate conduct;
  • a party has been dishonest in their dealings with the other party or the SAT;
  • the case is weak or without merit; or
  • a party has been required to commence the proceeding in order to establish an objectively clear entitlement.

The SAT also has additional discretionary powers to make a costs order if it considers that:

  • the proceeding was vexatious, frivolous, or an abuse of process;
  • a party did not genuinely participate in the original decision;
  • the proceedings disadvantaged a party; or
  • one of the parties fails to attend any hearing in the proceedings.vii

Individuals involved in a strata dispute should therefore be aware that there are some situations which may result in a costs order against them.

Some examples of what might incur disapproval of the SAT include:

  • applying to the SAT without appropriate grounds and solely to cause a nuisance; or
  • lying or bullying behaviour during the process.

The amount that the SAT orders to be paid can be ‘fixed’, meaning that it assigns a figure to them, e.g. $x for a hearing on a particular date. Fixing the costs provides clarity and certainty.

Alternatively, if the costs are to be ‘assessed’, then a structured procedure follows involving a separate assessment application and an associated fee.

The nature, importance, complexity, and time and effort spent on the matter are all factors in determining costs, whether fixed or assessed.

Additionally, when considering the hourly rate of a legal practitioner as a part of assessing costs, the SAT will look to the Legal Costs Committee’s ‘SAT Costs Determination’ schedule and use the amounts specified there.

Conclusion

The SAT is a most valuable jurisdiction for obtaining intervention in intractable strata disputes. It is a welcome alternative to the court system, which is more formal and costly.

However, despite the “no costs” mantra in and around the SAT, engaging in disputes always comes at some cost, especially if one wants to use professional advice and representation.

Before embarking on such an exercise, decide if professional help should be used. Then find out what the true costs exposure might be.

Your decision to engage in proceedings in the SAT will then be better informed.

Have a question about who pays for the State Administrative Tribunal process or something to add to the article? Leave a comment below.

A PDF Version of the article can be accessed here.

Embed

For more information please contact:
Anthony Quahe
Managing Principal
Civic Legal
T: 08 9200 4900
E: [email protected]

Disclaimer: This article contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances. The law referred to in this publication is understood by Civic Legal as of publication date.

Footnotes

i State Administrative Tribunal Act 2004, s 3.
ii State Administrative Tribunal Regulations 2004, s 9.
iii If the representative is not a legal practitioner, they must fall into a category as outlined in the State Administrative Tribunal Act 2004, s 39.
iv State Administrative Tribunal Act 2004 s 39(1)(a).
v Ibid ss 87(1)-(2); s 88.
vi Ibid s 87(3).
vii Ibid s 87(4); ss 47-49.

This post appears in Strata News #340

1 May 2020 Update:
The amended Strata Titles Act 1985 took effect in Western Australia on 1 May 2020. It includes grace periods for some new requirements to ensure those affected have adequate time to meet them. This information has been taken from Landgate: Timelines for Change.

More efficient dispute resolution: Strata disputes will have a more cost-effective and efficient dispute resolution forum.

What’s new? Timeline for change Who needs to know?
State Administrative Tribunal (SAT) to become the ‘one-stop-shop’ for strata disputes in Western Australia. Starting 1 May 2020:

  • All new strata disputes to be heard in SAT.
  • Any existing strata disputes which have already commenced in a court are to continue in that forum.
  • Strata owners
  • Strata tenants
  • Strata managers
  • Strata council members

Read next:

  • WA: Resolving Strata Disputes Under the Strata Title Act Amendments
  • WA: Q&A Strata Council Member Problems – Nobody wants to help
  • Strata reform update April 2020: Major reform to WA strata law commences 1 May 2020

Visit Strata Law Reform OR Strata Information WA.

Looking for strata information concerning your state? For state-specific strata information, try here.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Comments

  1. AvatarKATHERINE KALAF says

    September 2, 2020 at 12:38 pm

    I own a commercial lot in Perth Western Australia. Water from a common area drain has caused water damage to the interior wall of my lot, making it not fit for purpose. The strata body was made aware of the problem in March 2020. They have only this week issued a work order for the common area drain to be fixed. The CoO have reasoned that only when heavy rains fell could the problem be analysed. My property has been affected for 6 months. What are my options for compensation?

    Reply
    • AvatarNikki Jovicic says

      September 2, 2020 at 1:09 pm

      Hi Katherine

      This article should assist: WA: Q&A Steps to Take When Dealing With Defects From Water Leaks

      All the best with the matter.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIAL

"The newsletter is very helpful and gives great guidance with commonly asked questions." Gayle, Lot Owner
"I love your regular emails and now this fantastic magazine! Keep up the great work. " David, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Ron Shepherd on QLD: Q&A Responsibility for maintenance of common property
  • Liza Admin on QLD: Owner Improvements
  • Liza Admin on QLD: Q&A Seeking Pet Approval from Your Body Corporate?
  • Stephanie on QLD: Q&A Boundary and Common Property Issues
  • Nikki Jovicic on NSW: Confirmed! The Tribunal will overrule strata pet bans
  • Jeff on NSW: Confirmed! The Tribunal will overrule strata pet bans
  • David Speyers on WA: Q&A Common property damage caused by the Lot Owner?
  • Barb on WA: Q&A Common property damage caused by the Lot Owner?
  • Norika on NSW: Q&A Who sets the agenda, Explanatory notes [PLUS a Sample Motion]
  • Jeff Flegg on NSW: Q&A Who sets the agenda, Explanatory notes [PLUS a Sample Motion]

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2021 · LookUpStrata ® Pty Ltd · All rights reserved