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Strata, Owners Corporation and Body Corporate Law in Australia

By Recording Law Editorial Team12 min read
Strata, Owners Corporation and Body Corporate Law in Australia

Frequently Asked Questions

Is "strata title" the same thing as a "body corporate"?

They describe the same broad concept, a multi-lot development with shared common property, but "body corporate" is specifically Queensland and Tasmanian terminology for the managing entity. New South Wales, Western Australia and Tasmania use "strata scheme" for the development itself; Victoria and the ACT use "owners corporation"; South Australia uses "strata corporation" or "community corporation" depending on which Act the scheme was registered under.

Why doesn't Queensland use QCAT for most body corporate disputes?

Because the Body Corporate and Community Management Act 1997 (Qld) sets up its own dispute resolution structure in Chapter 6, run by the Commissioner for Body Corporate and Community Management. Under section 229, most disputes can only be resolved through that process or an appeal on a question of law; QCAT's original jurisdiction is limited to "complex disputes," a defined and narrower category.

Does South Australia use SACAT for strata disputes?

No. Section 41A(2) of the Strata Titles Act 1988 (SA) and section 142(2) of the Community Titles Act 1996 (SA) both direct an application to the Magistrates Court of South Australia, not the South Australian Civil and Administrative Tribunal.

When did the NSW 2025 strata reforms commence?

There is no single date. The Strata Schemes Legislation Amendment Act 2025 (NSW) was assented to on 2 March 2025, and its commencement clause brought only a small number of items into force on that date, leaving the rest to commence by proclamation at different times. Some changes were still not in force as at the date this article was verified.

Can a strata by-law ban pets in Australia?

It depends on the state. New South Wales presumes keeping an animal is reasonable and a by-law has no force to the extent it unreasonably prohibits one. South Australia's statutory protection covers only assistance and therapeutic animals. See pets in strata schemes across Australia for the state-by-state detail, including Queensland, Victoria, Western Australia, Tasmania and the ACT.

Do I have to go to a tribunal to resolve a strata dispute?

Generally not as a first step. Every jurisdiction covered on this hub structures its Act around an internal process, a committee or general meeting decision, and often a formal complaint or conciliation step, before a tribunal or court application becomes available or necessary.

What is Western Australia's strata dispute forum called?

The State Administrative Tribunal (SAT), which hears "scheme disputes" under Part 13 of the Strata Titles Act 1985 (WA). Western Australia calls the managing entity a "strata company," not an owners corporation or body corporate.

Sources and References

  1. Strata Schemes Management Act 2015 (NSW)(classic.austlii.edu.au).gov
  2. Strata Schemes Legislation Amendment Act 2025 (NSW) No 14, as passed (assented to 2 March 2025)(legislation.nsw.gov.au).gov
  3. Body Corporate and Community Management Act 1997 (Qld)(classic.austlii.edu.au).gov
  4. Body Corporate and Community Management Act 1997 (Qld) s 229, exclusivity of dispute resolution provisions(classic.austlii.edu.au).gov
  5. Strata Titles Act 1988 (SA)(classic.austlii.edu.au).gov
  6. Strata Titles Act 1988 (SA) s 41A, resolution of disputes etc, s 41A(2) requires an application to the Magistrates Court(classic.austlii.edu.au).gov
  7. Community Titles Act 1996 (SA)(classic.austlii.edu.au).gov
  8. Community Titles Act 1996 (SA) s 142, resolution of disputes etc, s 142(2) requires an application to the Magistrates Court(classic.austlii.edu.au).gov
  9. Owners Corporations Act 2006 (Vic)(classic.austlii.edu.au).gov
  10. Strata Titles Act 1985 (WA)(classic.austlii.edu.au).gov
  11. Strata Titles Act 1998 (Tas)(classic.austlii.edu.au).gov
  12. Unit Titles (Management) Act 2011 (ACT) s 32, unit owners etc keeping animals(classic.austlii.edu.au).gov
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