The steps as text
Queensland coverage: Standard, Accommodation and Commercial modules only. Small Schemes, Specified Two-lot Schemes and other legislation need their own procedure; check the module in the community management statement first.
Sources: Which Queensland body corporate legislation applies; Enforcing by-laws in a specified two-lot scheme
JavaScript is off, so the tool cannot tailor the steps to your answers. Here is the same guidance as text: the full sequence for each state, the evidence to gather and when a field test is worth commissioning.
New South Wales: the steps, in order
NSW Fair Trading sets out the path: talk first, then the owners corporation, then free mediation, then NCAT.
- 1. Talk to the resident, then the owners corporation. NSW Fair Trading's noise guidance starts with speaking to the resident, then using the building's internal process and contacting the owners corporation.
Sources: Noise in strata; Strata disputes and complaints
- 2. Notice to comply with the by-law (s 146). If the owners corporation is satisfied that an owner or occupier has breached a by-law, it may give a notice in the approved form requiring them to comply, with a copy of the by-law attached. A resolution of a general meeting or the strata committee must approve the notice first, unless the scheme has 2 lots or a strata managing agent with that delegated function gives it.
Time limits: A strata committee meeting needs at least 3 days' notice to members and owners (Schedule 2, clauses 4 and 5). A general meeting needs at least 7 days' notice (Schedule 1, clause 7).
Example: In Jiang v Sui, a notice to comply required the owner to provide a post-installation acoustic report. Source: Jiang v Sui [2023] NSWCATCD 127
Sources: s 146, Strata Schemes Management Act 2015 (NSW); Schedules 1 and 2, Strata Schemes Management Act 2015 (NSW)
- 3. Mediation through NSW Fair Trading. NSW Fair Trading offers free strata mediation. NCAT's registrar must not accept most strata applications unless mediation was attempted and failed, a party refused it, or it is unnecessary or inappropriate (s 227(1)). An application for a penalty does not need mediation first (s 227(4)(h)).
Example: In Jiang v Sui, Fair Trading mediation failed before the matter went to NCAT. Source: Jiang v Sui [2023] NSWCATCD 127
Sources: Strata disputes and complaints; s 227, Strata Schemes Management Act 2015 (NSW)
- 4. NCAT orders and penalties. NCAT can make orders to settle a dispute about the exercise of a function under the Act or the by-laws (s 232), and can order a person to do or refrain from doing a specified act (s 241). If a notice to comply was given and the by-law is breached again, NCAT can impose a penalty of up to 10 penalty units, or up to 20 for a further breach within 12 months of an earlier penalty (s 147). Breaching an NCAT order can attract up to 50 penalty units (s 247A). NSW Fair Trading puts these at up to $1,100, $2,200 and $5,500.
Time limits: A penalty application must be made within 12 months after the notice to comply (s 147(4)). If the owners corporation fails for 2 months to act on an application to exercise a function, it is taken not to have exercised it (s 232(2)(b)).
Example: In Kim, NCAT ordered a later owner to treat the floor to 50 L'nT,w within 56 days. Source: The Owners - Strata Plan No 7704 v Kim [2023] NSWCATCD 39
Sources: s 232, Strata Schemes Management Act 2015 (NSW); s 241, Strata Schemes Management Act 2015 (NSW); s 147, Strata Schemes Management Act 2015 (NSW); s 247A, Strata Schemes Management Act 2015 (NSW); Strata by-laws
Queensland: the steps, in order
Queensland uses by-law contravention notices, then the Commissioner for Body Corporate and Community Management: conciliation, then adjudication, with an appeal to QCAT on a question of law only.
- 1. Self resolution. The Queensland Government says that if you believe another person is causing a nuisance, you must try to resolve it with them first before taking any other dispute resolution step. You must show that you tried before you can apply for conciliation.
Sources: Nuisances and hazards in a body corporate; Conciliation for body corporate disputes
- 2. By-law contravention notice (ss 182 and 183). If the body corporate reasonably believes an owner or occupier is breaching a by-law and it is likely to continue, it can give a continuing contravention notice (BCCM form 10) that states the breach and a reasonable period to fix it. For a breach likely to be repeated, it can give a future contravention notice (form 11), which has effect for up to 3 months. The maximum penalty for not complying is 20 penalty units, through the Magistrates Court. The committee or a general meeting can decide to give a notice. Noise that is a nuisance under s 167 but not a by-law breach can go to conciliation after self resolution.
Time limits: A neighbour asks for a notice with BCCM form 1. Within 14 days after receiving it, the body corporate must tell the neighbour whether it has given a notice (s 182(3)). If it has not, the neighbour may apply for dispute resolution (s 185(2)). The body corporate itself may apply only after giving a notice (s 184(2)).
Example: In 18 Kingsford Street, the body corporate gave a form 10 notice under its noise by-law, and the adjudicator later ordered the owners to reduce the noise within three months. Source: 18 Kingsford Street [2016] QBCCMCmr 78
Sources: ss 182 to 185, Body Corporate and Community Management Act 1997 (Qld); Enforcing by-laws; Nuisances and hazards in a body corporate
- 3. Conciliation. Apply to the Commissioner's office for department conciliation. A conciliator from the Department of Justice runs the session; the Queensland Government says to set aside up to three hours. It ends with a conciliation certificate. The Commissioner may reject an application if the applicant has not made a reasonable attempt at internal dispute resolution (s 241(1)(c)).
Example: In Beau Monde, conciliation produced an agreement about felt pads and footwear that did not end the dispute, which then went to adjudication. Source: Beau Monde [2011] QBCCMCmr 548
Sources: Conciliation for body corporate disputes; s 241, Body Corporate and Community Management Act 1997 (Qld)
- 4. Adjudication. Adjudication usually follows self resolution and, in most cases, attempted conciliation. The adjudicator investigates and may require a party to obtain a report or inspect a lot, and can make any order that is just and equitable, including an order to act in a stated way (s 276). Interim orders can hold the position for up to 12 months. Breaching an adjudicator's order is an offence with a maximum of 400 penalty units (s 288).
Example: In Into Ballymore, the adjudicator ordered new flooring over "a high quality acoustic underlay" within two months, with an installer's letter confirming the underlay. Source: Into Ballymore [2012] QBCCMCmr 166
Sources: Applying for adjudication; ss 276 and 288, Body Corporate and Community Management Act 1997 (Qld); Body Corporate for Admiralty Towers II v Johnson [2017] QCATA 29
- 5. Appeal to QCAT on a question of law. A party may appeal an adjudicator's order to QCAT's appeal tribunal, but only on a question of law (s 289(2)).
Time limits: The appeal must be started within 6 weeks after the party receives a copy of the order (s 290(1)).
Example: In McLeod, QCAT dismissed an owner's appeal against an adjudicator's order that set FIIC 65 "or equivalent" as the approval condition. Source: McLeod v Body Corporate for Stradbroke Tower and Villas [2015] QCATA 146
Sources: ss 289 and 290, Body Corporate and Community Management Act 1997 (Qld); Applying for adjudication
Victoria: the steps, in order
Victoria uses a written complaint, the grievance procedure in the rules, notices to rectify, optional conciliation and then VCAT.
- 1. Written complaint to the owners corporation (s 152). A lot owner, occupier or manager may complain to the owners corporation about a breach of the Act, the regulations or the rules. The complaint must be in writing in the approved form. Consumer Affairs Victoria's first step is the owners corporation's internal complaints process.
Sources: s 152, Owners Corporations Act 2006 (Vic), version 024; Complaint handling and resolving disputes
- 2. Grievance procedure in the rules. The owners corporation must follow the dispute resolution process in its rules before it acts on a complaint or applies to VCAT (s 153(3)). Under model rule 7, the complainant prepares a written statement in the approved form, and the parties meet with the grievance committee or the owners corporation, in person or by video or phone. The grievance committee may get expert evidence, such as an acoustic report, only if the owners corporation or the parties agree in writing to pay for it (model rule 7(6A) and (6B)).
Time limits: Under model rule 7(5), the parties must meet within 28 days after the dispute comes to the attention of all the parties.
Sources: s 153, Owners Corporations Act 2006 (Vic), version 024; model rule 7, Owners Corporations Regulations 2018 (Vic), Schedule 2 model rules
- 3. Decision and notice to rectify (ss 153 to 157). The owners corporation decides to take action, apply to VCAT, or take no action, and must give reasons if it decides not to act (ss 153 and 154). It may act only if it believes on reasonable grounds that the breach happened (s 153(4)). A notice to rectify is in the approved form. If the breach is not fixed, it can allow more time or give a final notice, and then apply to VCAT (ss 156 and 157).
Time limits: A notice to rectify gives 28 days from the date of the notice (s 155). A final notice gives another 28 days (s 157). Consumer Affairs Victoria says complaint records must be kept for seven years.
Sources: ss 153 to 157, Owners Corporations Act 2006 (Vic), version 024; Internal dispute resolution (owners corporation managers)
- 4. Conciliation (optional). Consumer Affairs Victoria directs owners, tenants and managers to the Dispute Settlement Centre of Victoria (DSCV), and says it is not compulsory to seek DSCV's help before applying to VCAT. The Act lets the Director of Consumer Affairs Victoria refer a dispute to conciliation or mediation (s 161).
Sources: Complaint handling and resolving disputes; s 161, Owners Corporations Act 2006 (Vic), version 024
- 5. VCAT. VCAT hears owners corporation disputes, and lists noise among them. A lot owner or occupier can apply directly (s 163). VCAT can order a party to do or refrain from doing something, order compliance with the rules, award damages and declare what a rule means (s 165). It can impose a civil penalty of up to $1,100, paid to the owners corporation, for breach of a rule (s 166). It must consider the parties' conduct and the other matters in s 167. It may dismiss an owners corporation's application if the complaint steps were skipped (s 164).
Sources: ss 162 to 167, Owners Corporations Act 2006 (Vic), version 024; Before you apply: Owners corporation disputes
Evidence to gather
- A diary: the date, the time, how long it lasted, what you heard (footsteps, dropped objects, furniture) and in which room. Start it now and keep it going.
- The approval, its conditions, and the acoustic report or certificate that came with the application. A certificate given with an application is a prediction, not a result in the building.
Source: The Owners - Strata Plan No 7704 v Kim [2023] NSWCATCD 39
- A copy of the registered by-laws, and every letter, notice, form and reply.
- The installer's details, the invoices and the product names. In Queensland, one adjudicator ordered a letter from the installer confirming the underlay.
Source: Into Ballymore [2012] QBCCMCmr 166
- A field test report, if one is commissioned. Decisions turn on objective evidence. In Felcher, a NSW complaint failed because there was no acoustic engineer's or builder's report.
Source: Felcher v The Owners - Strata Plan No 2738 [2017] NSWCATAP 219
Is a field test worth commissioning?
- When it is worth it. When the complaint may go to a tribunal, when your by-law or the approval sets a figure to check, or when the only evidence is a supplier's certificate.
Sources: Jiang v Sui [2023] NSWCATCD 127; The Owners - Strata Plan No 7704 v Kim [2023] NSWCATCD 39
- Consider a joint test. In Beau Monde, the parties arranged a joint acoustic inspection at the adjudicator's invitation. In Admiralty Towers II, QCAT said a joint report from the acoustic experts may have been useful.
Sources: Beau Monde [2011] QBCCMCmr 548; Body Corporate for Admiralty Towers II v Johnson [2017] QCATA 29
- Access. A field test needs the room below. In Jiang v Sui, NCAT ordered the neighbours below to allow access on 7 days' written notice.
Source: Jiang v Sui [2023] NSWCATCD 127
- Who pays. We found no general rule. It depends on the by-law, the approval conditions or an order. In Into Ballymore, the adjudicator refused a neighbour's claim for the cost of an acoustic report. In Victoria, a grievance committee may get expert evidence only if the owners corporation or the parties agree in writing to pay.
Sources: Into Ballymore [2012] QBCCMCmr 166; model rule 7(6B), Owners Corporations Regulations 2018 (Vic), Schedule 2 model rules
- What it costs. We could not find a published source for the cost of a field test, so this tool gives no figure. Ask two or more acoustic consultants for a written quote. For an AAAC star rating certificate, use an AAAC member firm.
Source: s 2.0, AAAC Guideline for Apartment and Townhouse Acoustic Rating, Version 1.0 (June 2017)
