In the matter of Ruling Tribunal Section 31 of the Unit Titles (Management) Act 2011

In the matter of the Unit Titles (Management) Act 2011, the Ruling Tribunal was asked to provide rulings on questions of law referred to it by another tribunal. The dispute arose from the recovery of unpaid levies by an owners corporation. The primary issue was whether certain costs incurred by the owners corporation in recovering unpaid levies were recoverable under section 31 of the Unit Titles (Management) Act 2011. These costs included legal professional costs, company title and similar searches, filing and hearing fees, and administrative costs. The second issue was whether these costs were recoverable as expenses or costs under the ACT Civil and Administrative Tribunal Act 2008 and the Court Procedures Rules 2006.

The Ruling Tribunal considered the definitions and purposes of "expenses" and "costs" under the relevant legislation. It determined that certain costs, such as legal professional costs and disbursements, company title and similar searches, filing and hearing fees, and administrative costs, could be recoverable as expenses if they were reasonably incurred and of a reasonable amount. The Tribunal concluded that while some costs could not be recovered as costs under section 48 of the ACT Civil and Administrative Tribunal Act 2008, they could still be recovered as expenses under section 31 of the Unit Titles (Management) Act 2011. The Tribunal also found that costs incurred in enforcement proceedings could be recovered as expenses if they were reasonably incurred, regardless of whether they were classified as costs under other legislation.

The Ruling Tribunal answered the questions posed by the requesting tribunal, affirming that certain costs incurred in proceedings for the recovery of unpaid unit title levies could be recovered as expenses under section 31 of the Unit Titles (Management) Act 2011. It clarified the distinction between expenses and costs, emphasising that some costs that were not recoverable as costs could still be recovered as expenses. The Tribunal also addressed the recoverability of costs incurred in enforcement proceedings and those associated with the enforcement of orders or judgments, providing clarity on the conditions under which these costs could be claimed.

The Ruling Tribunal issued orders confirming the answers to the questions posed. It confirmed that legal professional costs, company title searches, filing and hearing fees, and administrative costs incurred in Tribunal proceedings could be recovered as expenses if reasonably incurred. It also clarified that some costs, such as legal professional costs and disbursements, could not be recovered as costs under section 48 of the ACT Civil and Administrative Tribunal Act 2008 but could still be recovered as expenses. Additionally, the Tribunal ruled that costs incurred in enforcement proceedings and associated with the enforcement of orders or judgments could be recovered as expenses if reasonably incurred.