New South Wales Consolidated Acts
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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 181
Hearing of application
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
(b) a person directed by the court to be joined.
(7) In this
"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 .
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