New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 181

181 Hearing of application

(1) The court must hear and dispose of an application for an order in proceedings before the court.

(2) If the court orders mediation or arranges a conciliation conference in relation to the application--

(a) the court may terminate the mediation or conference at any time and hear, or continue to hear, the proceedings, or

(b) any party to the mediation or conference may, at least 90 days after the day the first mediation or conference session starts, ask the court to terminate the mediation or conference and hear, or continue to hear, the proceedings, or

(c) if the parties reach an agreement at mediation or the conciliation conference and the strata renewal plan is varied under the agreement--the court may hear, or continue to hear, the proceedings in relation to the varied plan.

(3) The court must hear, or continue to hear, the proceedings whether or not the parties reach an agreement at mediation or a conciliation conference.

(3A) Subsection (3) has effect despite section 34 (3) (a) of the Land and Environment Court Act 1979 .

(4) If a strata renewal plan is varied at mediation or a conciliation conference, the varied plan is taken to be the strata renewal plan under this Act.

(5) However, the court must not make an order in relation to a strata renewal plan that is varied at mediation or a conciliation conference unless--

(a) written agreement to the variation has been given by the owner of each lot in relation to which a support notice has been given for the plan, and

(b) written notice of the variation has been served by the owners corporation on the following (unless otherwise directed by the court)--

(i) each dissenting owner,

(ii) each person on whom notice of the application must be served under section 179 (2) (b)-(e).

(6) Any of the following persons may be joined as a party to the proceedings--

(a) a person who has filed an objection to the application and applies to be a party to the proceedings,

(b) a person directed by the court to be joined.

(7) In this section--

"conciliation conference" means a conciliation conference under section 34 of the Land and Environment Court Act 1979 .

"mediation" means mediation in accordance with the Civil Procedure Act 2005 .