Hot seat part 2 - Vexatious litigants and embedded networks

·28 min·2 clips

Strata lawyer David Bannerman explains how vexatious litigants wear down owners' corporations with endless, unsuccessful lawsuits.

This episode is the second part of an interview with strata lawyer David Bannerman on the Flat Chat Wrap podcast. Host Jimmy Thompson introduces the topics: vexatious litigants, embedded networks, and listener questions. Bannerman defines vexatious litigants as individuals who file numerous lawsuits over years, often without success, aiming to exhaust opponents. He explains that each lawsuit has its own cost consequences, and mental health issues can sometimes be a factor. The conversation shifts to disputes between owners, with flooring noise and parking cited as the most common issues where owners' corporations might intervene. Bannerman notes that short-term letting also causes angst in buildings. He discusses mediation as a solution before legal action. Thompson raises the issue of naming owners in minutes, and Bannerman cautions about accuracy in financial ledgers, especially with upcoming strata law changes. The embedded networks segment reveals how developers install infrastructure like solar panels or stormwater drains, then pressure owners at the first AGM to sign long-term contracts that include hidden costs. Bannerman advises deferring such decisions to get legal advice. Listener questions cover topics like a tenant discovering black mold under a tile, with Bannerman outlining work health safety obligations. Another question involves a conflict of interest where a builder committee member proposes a $1.1 million contract, requiring them to leave the room during voting. The episode concludes with thanks and promotions for Bannermans' website and next week's guest.

As heard by us

A practical lawyer's view of persistent litigation, committee boundaries, and the risks hidden in strata records.

Flat Chat Rap's annual lawyer hot seat frames strata politics as a matter of process: when does repeated legal action become a tactic for wearing others down, and when should an owners corporation or strata committee keep clear of a private fight?

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Why you'd press play

You want the point where strata disputes stop being background noise and start looking like litigation tactics, with a lawyer's view on when committees should stay out of personal fights.

Read the full recommendation in PlayNext →

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