If a dispute over a levy recovery matter proceeds to NCAT to determine the reasonableness of a proposed payment plan, will the Tribunal consider the owners corporation's financial position?
The financial position of the owners corporation would likely be a less persuasive consideration as opposed to a lot owner's financial position.
The current amendment only uses the term "reasonable" without providing a list of what factors may be considered in arriving at a "reasonable" refusal of a payment plan. This is likely something to be clarified in the regulations, yet to be rolled out. Generally, whilst the owners corporation's financial position may be a consideration, it would likely be a less persuasive consideration than a lot owner's financial position.
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Matthew is a Partner of Kerin Strata Lawyers. He graduated Laws from UNSW with Honours and has practiced as a solicitor since 2014. He has acted for and advised clients in a range of matters, including in disputes with respect to strata, building & construction, insurance, contracts, trusts, consumer law, and class actions. He is a Member of the Australian College of Strata Lawyers (MACSL).
In addition to legal practice, Matthew is a frequent contributor to LookUpStrata, the Law Society Journal, and Ethics & Standards Quarterly. He was also a contributor to Wolters Kluwer’s Australian Company Law Commentary and an author to LexisNexis’ Practical Guidance for Total and Permanent Disablement Insurance.
Matthew is an active member of the Law Society of New South Wales and was appointed by the President of the Law Society of New South Wales to its: Business Law Committee since 2021, where Matthew has particular interest in building and construction legislation and strata legislation; and Costs Committee since 2023. In 2024, Matthew was awarded Highly Commended Committee Member of the Year by the Law Society.
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