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Recovering OC levies from lot owners? Better not issue in the Magistrates' Court!

Owners Corporation: 10 January 2025

Author: Deb Andronaco, Priscilla Chengabraydoo

In a recent decision of Owners Corporation v Buckley, Magistrate T Greenway clarified the appropriate jurisdiction for recovery of monies owed to an Owners Corporation, including fees, levies and costs and determined that that the Magistrates’ Court is not the correct forum, rather, the jurisdiction lies solely with the Victorian Civil and Administrative Tribunal (VCAT).

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Preliminary Discovery - Wadren Pty Ltd v Anor Probuild Constructions (Aust) Pty Ltd & Ors

Owners Corporation,Litigation: 19 February 2024

Author: Deb Andronaco

The scope of preliminary discovery was contemplated in the recent Supreme Court decision Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors [2023] VSC 348 (29 June 2023), wherein Wadren Pty Ltd and QIC Werribee Pty Ltd (Plaintiffs) made an application pursuant to rr 32.03 and 32.05 of the Supreme Court (General Civil Procedure) Rule 2015 (Vic) (Rules) against Probuild Constructions (Aust) Pty Ltd (Probuild) and AIG Australia Limited (AIG).

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