Office Circular No. 24/2024
DATE: 17 December 2024
DISTRIBUTION: GENERAL
SUBJECT: Applications for Relief (Strata titles act 1998)
Determination of an Application for Relief
There is no statutory timeframe for the Land Titles Office (LTO) to determine an application for relief.
Applications received may typically take five to seven (5 to 7) months to complete. There are mandatory notice provisions in the Strata Titles Act 1998 (the Act). Additionally, there may be variables that affect the estimated timeframe for determination, for example (without limitation) the complexity of the application, the number of interested parties involved, the submissions received, and the current resourcing constraints and competing priorities of the LTO.
Applications generally
Parties, bodies corporate managers and practitioners are reminded that Part 9 of the Act establishes one method for the informal and cost-efficient resolution of strata development-related issues. Other options may also be available. For example, an application for relief may not be the only option to enforce payment of overdue contributions. Potential applicants are encouraged to consider all options, especially for urgent, high value (noting the limit to compensation in section 113(1)(b)), or highly contentious matters.
Applicants are also reminded that the Recorder of Titles is bound to investigate an application for relief in accordance with the Act and the rules of natural justice. Ensuring affected parties have an opportunity to support or oppose any proposed orders or to make relevant comments on the issues involved is intrinsic to the Recorder's duty. Processing times also reflect this requirement.
Any communication regarding an active or proposed application for relief MUST be in writing. Due to current resourcing constraints, it is appreciated if all communication regarding applications for relief or other strata development matters is sent by email. Written correspondence should clearly state the question or nature of the enquiry. A matter number (if any) or strata plan number should be provided.
New applications for relief should not be lodged by email. Original application forms are required to ensure the form has been properly completed. Applications sent by email may experience processing delays.
Emails should be directed to Strata.Enquiries@nre.tas.gov.au.
ROBERT MANNING
Recorder of Titles