List of recommendations

Updates and background for this project (Digest)

Legislation should invest the Consumer, Trader and Tenancy Tribunal with jurisdiction to hear disputes arising in company title home unit buildings with the exception of disputes:
• relating to the sale or transfer of shares in the company or the lease of the shareholder’s unit;
• in which relief is claimed against oppression under Pt 2F.1 of the Corporations Act 2001 (Cth);
• relating to the forfeiture of shares in the company; and
• relating to the winding up of the company.

The constitution of a company title home unit building may not exclude the jurisdiction invested in the Consumer, Trader and Tenancy Tribunal by Recommendation 1, and any provision that purports to do so is void.

The legislation should require the Registrar of the Consumer, Trader and Tenancy Tribunal to refer company title home unit disputes to mediation before they are listed for resolution in the Consumer, Trader and Tenancy Tribunal, unless the Registrar is of the view that mediation is, in the circumstances, unnecessary or inappropriate.

The legislation should state that, to the extent necessary, its provisions are Corporations legislation displacement provisions.

The legislation should invest the Consumer, Trader and Tenancy Tribunal with jurisdiction to hear disputes arising in residential tenant in common buildings with less than twenty tenants in common, with the exception of disputes relating to the transfer of a tenant in common’s share in the land or to leasing. The jurisdiction should not be exercised before mediation of the dispute has been attempted, unless the Registrar determines that mediation is, in the circumstances, unnecessary or inappropriate. The jurisdiction to hear such disputes may not be excluded by agreement between the tenants in common.

Funding of at least $100,000 should be made available to the Office of Fair Trading and the Consumer, Tenancy and Trading Tribunal to facilitate the implementation of the Recommendations in this Report.