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LIV push to fix body corporate laws


Cite as: (2003) 77(10) LIJ, p.14

As part of its push to fix the state’s body corporate laws and allow a formal dispute resolution procedure, the Law Institute is hoping to lure the Australian Centre for International Commercial Arbitration (ACICA) to Melbourne.

Institute president Bill O’Shea said a Melbourne branch of ACICA would help form a network of solicitor mediators who could deal with the body corporate jurisdiction.

This development comes after Mr O’Shea spoke out in August (see September 2003 LIJ, page 4) about the inadequacy of body corporate laws in Victoria.

He said that the current laws did not properly protect apartment and unit owners and there was an urgent need to set up a formal dispute resolution procedure to protect their interests.

The Institute would like to see a system similar to the Queensland model which involves compulsory mediation and then, if that fails, compulsory adjudication.

The Institute has written a letter to state Consumer Affairs Minister John Lenders outlining its concerns. Mr Lenders has asked for feedback from the Institute on how to fix the problem.

Mr O’Shea said the issue was of great concern to the community, especially as many home owners were moving from traditional quarter-acre suburban blocks into units and high rise apartments.


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