Meet a Real Life Adjudicator! This week Chris Irons (former Commissioner) and Frank Higginson chat to a former adjudicator about all things Commissioner’s Office. It’s not quite the ABC’s ‘You can’t ask that’ but it is as close as you are going to get in strata!
Top 3 takeaways from the interview
Our top 3 takeaways:
Adjudication Involves All Owners
Every owner in your scheme gets an invitation to make a submission and they don’t have to restrict their submission only to the issue at hand. So be sure you want to expose yourself to that kind of scrutiny, as you will have to interact with owners once the decision is made.
Adjudication Is Costly…
…apart from your own costs as applicant, the body corporate bears the expense of circulating the application to all owners. For larger schemes, the cost of that is significant and remember that all owners bear that cost through their levies. In other words, if you are an owner seeking adjudication, you might end up paying multiple ways.
Adjudicators Are Not Mind Readers
They only adjudicate on the material in front of them. They do not have the knowledge of what happened years and years ago and nor do they know about the nuances of relationships and who said what to whom, and when, and in what tone. The applicant bears the responsibility of making their case, so don’t leave it to the adjudicator to figure out what you are seeking.
Helpful links
- The Allure decision - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2018/478.html?context=1;query=allure;mask_path=au/cases/qld/QBCCMCmr
- Autlii - http://www6.austlii.edu.au/cgi-bin/viewdb/au/cases/qld/QBCCMCmr/
Hynes Webinar Hosts
Frank Higginson
Partner & Director @ Hynes Legal
Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.
Chris Irons
Director & Consultant @ Strata Solve
Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris ' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve.