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Which Lawyer
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oldandtired
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06/02/2018 - 12:08 am
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I would like to know if we need a strata lawyer or litigation lawyer to take to the NCAT it is concerning our strata committees behavior in defending the chairman for his abuse and abusive wife.  The SC has told us that we need a strata lawyer.

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kaindub
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07/02/2018 - 8:42 pm
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Dear old and tired

What law have they broken?

The courts will settle disputes where there is a breach or perceived breach of the law. Bad behaviuor and it’s defence are not, in my opinion, breaches of any law, particularly strata law.

Bad behaviuor is not excusable, nor acceptable, but it happens.

Are there other owners who feel the same way about the Chairman.Perhaps you can get together in a voting lobby and have the chairman removed from the SC at the next election. You or one of the similar minded folk may need to be prepared to stand for election in order to keep him out

If you want to enrichen lawyers, maybe get a lawyer to write a letter to the chairman stating that his behaviuor is threatening to you and that you may take action in a court. This may cause him to pull his head in.

Robert

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oldandtired
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15/02/2018 - 12:57 pm
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We are using our lawyer to correspond with the strata committee and the strata committee has told our lawyer that he is not qualified to ask them to implement a behavior by law.  The strata committee have told us that we should have a strata lawyer.  The reason we engaged our lawyer is because we do not know the law and have never been bullied/verbally abused.

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JimmyT
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15/02/2018 - 3:53 pm
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If you have been bullied and abused, and can prove it, your better recourse might be to pursue this through mediation and then through orders at NCAT.

The committee can’t tell you who to employ as your lawyer but, that said, an experienced strata lawyer would have a better idea of the most effective avenues open to you.

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scotlandx
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15/02/2018 - 5:57 pm
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It is not up to the strata committee to tell you whether your lawyer is qualified. As Jimmy says, it would be a good idea to have someone who specialises in the area, but tell the Committee to deal with the issue, not the messenger.

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