Dispute resolution under the Owners Corporation Act 2006 (Vic): Engaging with conflict in communal living

Journal article


Leshinsky, Rebecca, Douglas, Kathy, Condliffe, Peter and Goodman, Robin. (2012). Dispute resolution under the Owners Corporation Act 2006 (Vic): Engaging with conflict in communal living. Property Law Review. 2(1), pp. 39 - 57.
AuthorsLeshinsky, Rebecca, Douglas, Kathy, Condliffe, Peter and Goodman, Robin
Abstract

In Australia and internationally there have been increases in living in apartment complexes, medium-density housing and master-planned estates where there are shared services and common communal areas. In response to the growth in conflict in such housing developments, there is a need to develop appropriate internal dispute resolution schemes with the option of taking unresolved matters to some form of decision-making such as a tribunal. Under the Owners Corporation Act 2006 (Vic), owners corporations must engage in dispute resolution prior to litigation being brought to the Victorian Civil and Administrative Tribunal (VCAT). In this article the authors report on research into the experiences of owners corporation managers and committees regarding conflict and argue that reform is required in Victoria to assist with dispute resolution in residential developments with community assets.

Year2012
JournalProperty Law Review
Journal citation2 (1), pp. 39 - 57
PublisherThomson Reuters (Professional) Australia Ltd
ISSN1838-3858
Web address (URL)http://www.westlaw.com.au/maf/wlau/app/document?docguid=Ide47503594e611e18eefa443f89988a0&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&startChunk=1&endChunk=1
Page range39 - 57
Research GroupPeter Faber Business School
Publisher's version
File Access Level
Controlled
Place of publicationAustralia
Permalink -

https://acuresearchbank.acu.edu.au/item/884q8/dispute-resolution-under-the-owners-corporation-act-2006-vic-engaging-with-conflict-in-communal-living

Restricted files

Publisher's version

  • 150
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Sustainable retrofits of apartment buildings: Developing a process to address the barriers to adoption
Rex, Judith and Leshinsky, Judith. (2013). Sustainable retrofits of apartment buildings: Developing a process to address the barriers to adoption. In M Ewing and J Ford (Ed.). 2013 Academy of Marketing Science 16th Biennial World Marketing Congress. Australia: Monash University Press. pp. 298 - 306 https://doi.org/10.1007/978-3-319-24184-5_77
What are they fighting about? Research into disputes in Victorian owners corporations
Leshinsky, Rebecca, Condliffe, Peter, Taylor, Elizabeth and Goodman, Robin. (2012). What are they fighting about? Research into disputes in Victorian owners corporations. Australasian Dispute Resolution Journal. 23(2), pp. 112 - 119.
Pre-action dispute resolution under the Owners Corporation Act 2006 (Vic): Teaching conflict resolution strategies
Douglas, Kathy and Leshinsky, Judith. (2012). Pre-action dispute resolution under the Owners Corporation Act 2006 (Vic): Teaching conflict resolution strategies. Australian Property Law Journal. 20(3), pp. 224 - 236.
Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia
Leshinsky, Rebecca. (2012). Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment. 4(2), pp. 157 - 172. https://doi.org/10.1108/17561451211242521
Transfer development rights, lessons for Australia from international models: Incentives and community engagement
Leshinsky, Judith Rebecca and Legacy, Crystal. (2011). Transfer development rights, lessons for Australia from international models: Incentives and community engagement. Proceedings of the 3rd World Planning Schools Congress. Perth, Australia: University of Western Australia. pp. 1 - 18
Appropriate dispute resolution for Owners Corporation internal disputes: A case study from Victoria, Australia
Leshinsky, Rebecca, Perenyi, Aron and Condliffe, Peter. (2011). Appropriate dispute resolution for Owners Corporation internal disputes: A case study from Victoria, Australia. Proceedings of the 3rd World Planning Schools Congress. Australia: University of Western Australia. pp. 1 - 15
Planning, biolinks and property: Tensions between policy and practice
Rudner, Julie, Fraser, Katherine and Leshinsky, Judith Rebecca. (2011). Planning, biolinks and property: Tensions between policy and practice. Proceedings of the 3rd World Planning Schools Congress. Australia: University of Western Australia. pp. 1 - 21
Non-financial compensation instruments as alternatives to state land compensation
Leshinsky, Rebecca. (2010). Non-financial compensation instruments as alternatives to state land compensation. Planning News. 36(10), pp. 20 - 21.
Knowing the social in planning law decision making
Leshinsky, Judith Rebecca. (2009). Knowing the social in planning law decision making. Proceedings of 'city growth, sustainability, vitality and vulnerability', the 2009 State of Australian Cities (SOAC) National Conference. Australia: University of New South Wales Press. pp. 1 - 10
Mediating the neighbours
Douglas, Kathy, Leshinsky, Rebecca and Goodman, Robin. (2009). Mediating the neighbours. Law Institute Journal. 83(6), pp. 48 - 51.
Mediating the neighbours
Douglas, Kathy, Leshinsky, Rebecca and Goodman, Robin. (2009). Mediating the neighbours. Law Institute Journal. 83(6), pp. 48 - 51.
Knowing the social in urban planning law decision-making
Leshinsky, Judith Rebecca. (2008). Knowing the social in urban planning law decision-making. Urban Policy and Research. 26(4), pp. 415 - 427. https://doi.org/10.1080/08111140802084767
Models of mediation: Dispute resolution design under the owners corporation act 2006 (vic)
Douglas, Kathy, Goodman, Robin and Leshinsky, Rebecca. (2008). Models of mediation: Dispute resolution design under the owners corporation act 2006 (vic). Australasian Dispute Resolution Journal. 19(2), pp. 95 - 103.
Models of mediation: dispute resolution design under the Owners Corporation Act 2006 (Vic)
Douglas, Kathy, Goodman, Robin and Leshinsky, Rebecca. (2008). Models of mediation: dispute resolution design under the Owners Corporation Act 2006 (Vic). Australasian Dispute Resolution Journal. 19(2), pp. 95 - 103.
Urban tool: social impact assessment as a knowledge tool for planning law decision makers in Victoria
Leshinsky, Rebecca. (2007). Urban tool: social impact assessment as a knowledge tool for planning law decision makers in Victoria. State of Australian Cities (SOAC) National Conference. Australia: Causal Productions. pp. 1186 - 1194