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Home » Bylaws » Bylaws VIC » VIC: Strata litigation is a loathsome, offensive brute… Yet I can’t look away

VIC: Strata litigation is a loathsome, offensive brute… Yet I can’t look away

Published March 25, 2022 By Tim Graham Leave a Comment Last Updated August 8, 2022

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This Q&A is about VIC strata litigation.

Owners Corporation 1 Plan No. RP 2044 v Finch[i] concerned an application to restrain a solicitor from acting in a standard debt recovery proceeding.

At the hearing, Finch took issue with the fact that the OC’s lawyer had made oral submissions to the effect that there was no material to support the making of the applications Finch sought. He also referred to a couple of cases which stood for standard propositions as to what is required to support such applications. Finch referred to this as being evidence of more ‘shenanigans’, and said she was being ambushed and this was a denial of justice. She referred to the fact she is a self-represented litigant.

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Unsurprisingly, the tribunal found that [at 7]:

It is not ambushing or shenanigans or a denial of justice to submit that a claim is not established, nor to quote standard cases regarding applications. It is for someone seeking relief to establish they are entitled to it. This includes a self-represented litigant. Finch was given ample opportunity to satisfy the Tribunal of her applications and did not do so. It is quite proper for that to be pointed out by the solicitor for the respondent.

“Fanciful” barely begins to describe the allegations made by Finch. She complained of many matters, including that the OC’s lawyer:

  • agreed to act for the applicant without proper authority.
  • had not complied with Tribunal orders as to filing of affidavits and been misleading in the information presented and material submitted to the Tribunal;
  • had brought a case against her that is ‘defective, incompetent, frivolous, vexatious, species, misconceived and not tenable in fact or law’ (Finch’s affidavit of 10 March 2020 at [25]);
  • had responded to all her emails and has otherwise not dealt with the matter the way she considers it should;
  • had otherwise conducted itself in a way that has disadvantaged Finch;
  • told ‘untruths’;
  • had been involved sporadically and lead Finch to believe it was possibly no longer representing the applicant;
  • breached ethical obligations of some sort.

Finch also alleged that there had been a lack of respect to her and the judiciary shown repeatedly.

The tribunal responded with summary precision. It had no inherent jurisdiction to restrain or control the conduct of legal officers and cannot restrain a solicitor on the grounds that it is necessary in the administration of justice.

Ms Finch’s appetite was not sated. She argued that she wants to raise criminal matters in the Tribunal, and criticised Tribunal members for being incompetent, and having insufficient knowledge of criminal matters which she raised.

Finch also said, at the hearing, that she wants to bring a counterclaim, including defamation claims, against various people including three owners, an OC Manager, and possibly against OC. Those proposed defamation claims apparently related to a contract of sale regarding one lot owner’s property (Mr Costa), in relation to which Finch says allegations about her, her conduct, and money that is said to be owed by her, have been made, and which she says have been given to ‘every Tom, Dick or Harry who has asked for it’.

Of course, VCAT has no jurisdiction to her or determine criminal matters or defamation matters. And so the proceeding will make arresting viewing as it advances.

Footnote

[i] (Owners Corporations) [2022] VCAT 149 (9 February 2022)

Tim Graham
Bugden Allen Graham Lawyers
E: [email protected]
P: 03 9086 5832

This post appears in Strata News #556.

This article has been republished with permission from the author and first appeared on the Bugden Allen Graham Lawyers website.

Have a question about VIC strata litigation or something to add to the article? Leave a comment below.

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Read next:

  • VIC: Q&A Approval for Renovations / Changing Appearance of the Lot
  • VIC: What’s yours and what’s common property?
  • Owners Corporation Insurance Requirements Victoria

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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About Tim Graham

After more than a decade as a Partner of HWL Ebsworth Lawyers, Australia's largest independent law firm, Tim joined the partnership of Bugden Allen Graham Lawyers in June 2021, his name being added to the firm’s brand.
Tim is one of Australia's pre-eminent strata lawyers and is internationally renowned.
He is President of the Australian College of Strata Lawyers and a Fellow of the College. Tim is also a Council Member of Strata Community Australia (National) and Strata Community Australia (Victoria).
He sits on the Property Law Committee of the Law Institute of Victoria.
Tim has been recognised by his peers and numerous local and international awards including Best Lawyers® in Australia six times, and in the Doyle’s Guide as a Leading Property and Real Estate Lawyer and Leading Litigation & Dispute Resolution Lawyer.
Tim is a keen educator and presenter, having conducted more than 300 seminars for strata managers, real estate companies, industry associations, banks, insurers, brokers and legal CPD providers. He has guest lectured at RMIT, Deakin University and the University of New South Wales. Tim has recently joined the Advisory Committee for RMIT’s Strata Community Management course.
Tim is published regularly in the Australian Property Law Bulletin and is a member of the bulletin's Editorial Panel. He authors the Owners Corporations chapter of the Lawyers' Practice Manual and wrote the case study update for Subdivisions with the Lot. Tim is also a contributor to the LookUpStrata blog.
Tim runs the Victorian office of Bugden Allen Graham Lawyers.

Tim is a regular contributor to LookUpStrata. You can take a look at Tim’s articles here .

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