Western Australian Current Acts Western Australian Current Acts (1) The Tribunal may,
on application by a member of a strata company, if it is satisfied that a
strata company has unreasonably refused to make an application to the Tribunal
under this Act —
(a)
authorise the member to make the application on behalf of the strata company;
and
(b)
authorise expenditure up to a specified amount from a fund of the strata
company for legal advice and legal action for the proceeding.
(2) For the
State Administrative Tribunal Act 2004 section 45(1)(b), the following
persons are entitled to a copy of, or notice of, an application to the
Tribunal under this Act to which a strata company is a party —
(a) each
member of the strata company;
(b) each
mortgagee of a lot who has given written notice of the mortgagee’s
interest to the strata company;
(c) the
occupier of each lot in the strata titles scheme that would be affected if the
order sought were made.
(3) For the
State Administrative Tribunal Act 2004 section 45(1)(b), each mortgagee of a
lot is entitled to a copy of, or notice of, an application to the Tribunal
under this Act to which the owner of a leasehold scheme is a party.
(4) Despite the
State Administrative Tribunal Act 2004 section 45 —
(a) the
entitlement is to a copy of the application unless there is an approved form
for the purpose, in which case, the entitlement is to notice in the approved
form; and
(b) if
the applicant is not the strata company —
(i)
the obligation to give a copy of, or notice of, the
application to the persons entitled under subsection (2) falls on the strata
company rather than on the applicant; and
(ii)
section 45(3) of that Act applies as if the strata
company were the applicant.
(5) In addition to the
circumstances in which the State Administrative Tribunal Act 2004 section 47
applies, that section applies to a scheme dispute if the Tribunal —
(a) is
not satisfied that the nature of the dispute is more than trivial; or
(b) is
not satisfied that the applicant has an interest in the matter that is more
than trivial and warrants recourse by the applicant to the Tribunal; or
(c) is
satisfied that the purpose of the application is to harass or annoy, or to
cause delay or detriment, or is otherwise wrongful; or
(d) is
satisfied that the nature and gravity of the dispute is such that it is
reasonable to expect the parties to resolve the dispute without recourse to
the Tribunal.
(6) The Tribunal may
make a final decision in proceedings under this Act at a directions hearing if
the Tribunal considers that appropriate.
Note for this section:
Under the
State Administrative Tribunal Act 2004 Part 4 Division 2 the Tribunal may,
amongst other things —
• strike out all, or any part, of a
proceeding if it considers that the matter, or any aspect of it, would be more
appropriately dealt with by another tribunal, a court or any other person; or
• dismiss or strike out a proceeding if it
believes that it is frivolous, vexatious, misconceived or lacking in
substance, is being used for an improper purpose or is otherwise an abuse of
process; or
• direct that proceedings be consolidated or
split.
Under section 38 of
that Act, the Tribunal may order that a person be joined as a party to a
proceeding.
[Section 198 inserted: No. 30 of 2018 s. 83.]