Question: Can a body corporate send a bailiff for levy arrears without a court order or prior notice?
A bailiff attended my residence on the body corporate’s instructions regarding levy arrears. I did not receive any prior notification and have not been served with a court order. Does a body corporate or its collection agency have the legal authority to send a bailiff without a court order and without notifying the lot owner?
Answer: There is usually no requirement to give prior notice before a bailiff or process server attends a property.
The main duties of a bailiff are to serve legal documents and execute enforcement warrants. The bailiff must perform those duties in accordance with the legislation, court policy and procedure. Many bailiffs in Queensland are also accredited in a private capacity as a process server. So, if a bailiff has attended your residence, it depends on the capacity in which the bailiff was engaged by the body corporate and what the bailiff did while at the property. There is usually no requirement to give a person prior notice that a bailiff or process server is attending the property.
This post appears in Strata News #809.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
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