Victorian Current Acts

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What must VCAT consider?

    (1)     VCAT in making an order must consider the following—

        (a)     the conduct of the parties;

        (b)     an act or omission or proposed act or omission by a party;

        (c)     the impact of a resolution or proposed resolution on the lot owners as a whole;

        (d)     whether a resolution or proposed resolution is oppressive to, unfairly prejudicial to or unfairly discriminates against, a lot owner or lot owners;

        (e)     any other matter VCAT thinks relevant.

S. 167(2) inserted by No. 4/2021 s. 72.

    (2)     For the purposes of an order under section 162(d), in determining a dispute or matter relating to whether a term of a contract of appointment of the manager of an owners corporation is fair, VCAT must consider Part 2-3 of the Australian Consumer Law (Victoria) as if a reference in that Part to a consumer contract were a reference to the contract of appointment of the manager.

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