The rule of law underpins the way society is governed. Everyone is bound by and entitled to the benefit of laws. Under the rule of law every law should be clear, predictable and accessible. Dispute settlement should be fair and efficient. Sometimes law is easy to chronicle but bewildering to practice. Here are some examples why:
Prior to the Owners Corporations Act 2006 (OCA) commencing on 31st December 2007 it was amended.1 By a series of amending enactments in 2010 and 20112 the OCA was "clarified"3 or amended, often as a reactionary consequence of VCAT decisions with which the state legislature disagreed, in regards to matters such as committee delegations of power,4 removal of the chairperson5 and owners' standing to bring legal proceedings.6
The Supreme Court of Appeal has agreed1 with the Supreme Court2 that a building order issued by the City of Melbourne requiring the practice of short term letting to cease within the Watergate Apartments was unlawful.
In this matter the Plaintiffs sued an owners corporation and four Committee Members for damages arising from an alleged agreement between the Plaintiffs and the owners corporation.