Frank Higginson and Chris Iron's share their practical tips on how to use the AUSTLII Database to find adjudicators orders relevant to you and your strata scheme.
Top 3 Takeaways:
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Adjudicators Are Human
Yes it’s true, they are not robots. Which means that each order comes from a slightly different perspective each time, depending on the adjudicator considering it. Adjudicators also are required to make decisions which are ‘just and equitable’, which means that sometimes they can make decision which do not seem 100% in accordance with legislation – but which are right for the circumstances.
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Read The Whole Thing
It is dangerous to skim an order, or to zone in on just 1 or 2 paragraphs to prove the point you are making. Reading the whole thing gives important context and helps to ensure you don’t overlook a critical point in the adjudicator’s analysis.
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Compare and Contrast
Ideally and if time permits, read 2 or 3 different orders on largely the same topic and look for commonalities, and differences. 2 orders about pets for example, might be largely the same and then the third one takes a slightly different path, which in turn gives you the food for thought you need in your scenario.
Helpful links
Bookmark this page for cases relevant to Queensland strata: AUSTLII Queensland BCCM Page
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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.