We believe Owners Corporations want to maintain peaceful, functional living environments for owners. Our mission is to provide a fresh perspective on resolving legal disputes and to inspire Owners Corporations to achieve outcomes that preserves the value of assets and restores harmony.

Owners Corporation legal matters are unique.

Engaging a lawyer that only practices Owners Corporation law can make all the difference.

Tisher Liner FC Law advises Owners Corporation for residential and commercial buildings across Victoria, and has successfully represented Owners Corporations in complex VCAT owners corporation disputes, including the following reported VCAT decisions:

Raso v Owners Corporation PS 638800J (Owners Corporations) [2020] VCAT 211 (16 March 2020)

We successfully defended an Owners Corporation for a large 11-storey residential apartment complex with over 100 lots against a penthouse lot owner’s claim that the Owners Corporation had been ‘unreasonable’ by not approving the lot owner’s renovation works.

Lambert v Owners Corporation No. RP2038 (Owners Corporation) [2019] VCAT 1580 (11 October 2019)

We successfully defended an Owners Corporation based on a narrow point of statutory interpretation about the timing of when Committee Members are considered ‘financial’ when they pay before a Committee meeting by BPAY.

Gidley v Owners Corporation 1 Plan No PS526394S (Owners Corporations) [2019] VCAT 827 (4 June 2019)

We successfully obtained a costs order for our lot owner clients against the applicant lot owners who had brought an owners corporation dispute about the legal validity of common property licences.

Owners Corporation Plan No. PS336460Q v Hallmark Group (Aust) Pty Ltd (Owners Corporations) [2018] VCAT 1483 (26 September 2018)

We successfully represented an Owners Corporation in a dispute with a corporate lot owner over its liability to pay a costs order for fee recovery proceedings. The corporate lot owner was ordered to pay the Owners Corporation’s fee recovery legal costs and reimburse the VCAT filing fees paid by the owners corporation.

Owners Corporation 1 PS611240X v Brady (Owners Corporation) [2018] VCAT 645 (26 April 2018)

We were involved in instructing Counsel to successfully defend a penthouse lot owner against a claim by an Owners Corporation for the lot owner to reinstate a door that was installed in a common property wall structure.

Langevad v Owners Corporation Plan No. 324783 & Anor (Owners Corporations) [2018] VCAT 784 (22 May 2018)

We successfully defended an Owners Corporation against allegations by a lot owner that the Owners Corporation had breached its duty under section 46 of the Owners Corporations Act 2006 to repair and maintain common property.

Owners Corporation No. 1 PS438893N v Kakos (Owners Corporations) [2017] VCAT 762 (30 May 2017)

We successfully acted for a large Docklands Owners Corporation to obtain an order that a lot owner who had installed a shade sail and clothesline into a common property building structure, must remove the unauthorised additions on the basis that the lot owner had breached the Owners Corporation’s registered rules.

Owners Corporation 1 Plan PS438893N v Kakos (Costs) (Owners Corporations) [2017] VCAT 1543 (26 September 2017)

We represented the same Owners Corporation to successfully obtain an order that the respondent lot owner must pay the Owners Corporation’s legal costs.

Stokes v Alexander & Owners Corporation 1 Plan No. PS328461J (Owners Corporations) [2017] VCAT 514 (21 April 2017)

We successfully defended an Owners Corporation for a rural lifestyle subdivision against a claim by a group of lot owners that the Owners Corporation’s decision to obtain a lease over part of a private lot, was legally invalid.

Jalowicki v Owners Corporation Plan No SP35671B (Owners Corporations) [2017] VCAT 50 (16 January 2017)

We successfully defended a lot owner who controlled 57% of the voting entitlements of the Owners Corporation, against a claim by a group of lot owners, that he had used his voting power to cause the Owners Corporation to raise a special levy using the benefit principle, improperly.

Rogers v Owners Corporation Plan No. PS16559 & Ors (Owners Corporations) [2017] VCAT 48 (13 January 2017)

We successfully defended an Owners Corporation for a residential townhouse scheme against various allegations by a lot owner that the Owners Corporation had failed to comply with its duty to allow him to inspect the Owners Corporation’s records.

Mission Express Pty Ltd v Hewcon Pty Ltd & Owners Corporation 1 Plan No. 703939 & Ors (Building and Property) [2016] VCAT 919 (8 June 2016)

We acted for an Owners Corporation for a Moonee Ponds mixed retail & commercial development to resist an application by the developer for an authorising order under section 165(1)(ba) of the Owners Corporations Act 2006 to ‘step into the shoes’ of the Owners Corporation to prosecute a claim against a builder.

Basic v Owners Corporation SP22934S (Owners Corporations) [2016] VCAT 856 (27 May 2016)

We successfully defended an Owners Corporation for a Brighton townhouse development against a lot owner’s claim that the Owners Corporation had breached terms of settlement that had been entered into in previous VCAT proceedings.

Sukeda v Owners Corporation 2 Plan No 529462 (Owners Corporations) [2016] VCAT 533 (6 April 2016)

We represented an Owners Corporation for a multiple-owners corporation plan of subdivision in a claim by a lot owner that there had been a misallocation of expenses as between the different Owners Corporations.

Click here to read our Frequently Asked Questions on Owners Corporations.

Click here to download our flyer: Short Stay Accommodation Explained.

 

For assistance with Owners Corporations matters please speak to Nicole Wilde or Phillip Leaman, the principals of the Owners Corporation Team.

 

Our Experts

View All
Principal LLB(Hons), BCom

Phillip Leaman

Phillip Leaman has been recognised on the Best Lawyers List for 2019/2020 and 2020/2021 years in the category of...
Principal LLB

Nicole Wilde

Nicole specialises solely in Owners Corporation law & domestic building disputes for Owners Corporations As a...
Lawyer LLB

Anita Batorowicz

Anita Batorowicz focusses on specialist litigation services involving domestic building disputes for large owners...
Lawyer LLB, BA (Psychology)

Jennifer Dizon

Jennifer Dizon represents Owners Corporations who need to recover unpaid levies from lot owners who are in arrears, to...
Lawyer LLB (Hons), BA

Rebecca Rubenstein

Rebecca Rubenstein’s ability to clearly communicate with clients and her meticulous attention to detail ensures...

Related Articles

View All
Owners Corporation / Owners Corporations & Strata

9 Tips for Owners Corporation Committees in Victoria to Get Independent Legal Advice from Tisher Liner FC Law

Owners Corporation Committees are legally entitled to obtain expert advice about the Owners Corporation’s functions...
Read More
Owners Corporation / Owners Corporations & Strata

Combustible Cladding – Partial Removal not accepted for Malvern Building

The Building Appeals Board has rejected a Malvern Owners Corporation’s application for a determination that...
Read More
Owners Corporation / Owners Corporations & Strata

Unlawful Removal of Owners Corporation Funds by Manager: Wyndham Harbour A2 Pty Ltd v Your Body Corporate Pty Ltd

The full decision can be found here The Victorian Civil and Administrative Tribunal considered the following issues: 1...
Read More
Owners Corporation / Owners Corporations & Strata

For Transparency’s Sake: Respect the Rights of an Eligible Person to Inspect Owners Corporation Records Free of Charge

Owners Corporations in Victoria have a legal duty to make the records of the owners corporation available for...
Read More
Construction / Owners Corporation / Owners Corporations & Strata

How the Lacrosse Tower fire prompted a shake-up of the Australian Building and Construction Industry

The State Government has committed to directly fund half of this $600 million package, and plans to introduce changes...
Read More
Owners Corporation / Owners Corporations & Strata

Multiple Owners Corporations: Ever wondered how they are meant to operate?

The concept is easy, one plan of subdivision, creates different types of common property areas, and multiple owners...
Read More
Owners Corporation / Owners Corporations & Strata / Property & Development

Looking behind an Owners Corporation’s ‘special resolution’ to authorise legal proceedings

At an interlocutory hearing, the developer asked VCAT to dismiss the Owners Corporations’ proceedings on the basis...
Read More
Owners Corporation / Owners Corporations & Strata / Construction

“No Permit Building Work” in Victoria: When are owner legal claims ‘time-barred’ from being commenced?

However, there are limited situations where building work is carried out without a building permit:- Either the...
Read More
Owners Corporation / Owners Corporations & Strata

Combustible Cladding – VCAT’s Decision in the Docklands, Lacrosse Tower Fire Case

The following fact sheet provides a summary of the Lacrosse Tower decision: LU Simon Builders Pty Ltd “Docklands...
Read More
Owners Corporation / Owners Corporations & Strata

Making Owners Corporation law easy for committees to understand

Committees often have to deal with complex repair projects or legal disputes in the evenings or weekends when they are...
Read More
Owners Corporation / Owners Corporations & Strata / Planning

Cladding Rectification Agreements: what you need to know about getting a loan to replace flammable cladding

The new legislation, which came into effect of 30 October 2018, will enable local councils to enter into a cladding...
Read More
Owners Corporation / Owners Corporations & Strata

Important Alert: The new Owners Corporations Regulations 2018 (Vic) come into effect on 2 December 2018.

The new regulations include some exciting new changes including a new, practical Model Rule regulating the external...
Read More