Columns
Residents' Association Image

Residents' Association

Stay safe, Southbank
Read more >>

Business in Southbank Image

Business in Southbank

An unbeatable lifestyle and location
Read more >>

St Johns Southgate Image

St Johns Southgate

The organ of emotion
Read more >>

Owners Corporation Law Image

Owners Corporation Law

VCAT declares that committees have the power to terminate an OC manager
Read more >>

Chinese

政府资助 受创商家
Read more >>

Metro Tunnel

Metro Tunnel lessons just a click away
Read more >>

Owners' Corporation Management

Why it pays to be neighbourly in a strata building
Read more >>

Federal Politics Image

Federal Politics

Why Magnitsky Act is important for Australia
Read more >>

We Live Here Image

We Live Here

Stage 3 lockdown fines for short-stays
Read more >>

Southbanker Image

Southbanker

Lending a hand through books
Read more >>

Port Places

Fishermans Bend: the first quarter 2019
Read more >>

Housing Image

Housing

Housing All Australians – a new paradigm
Read more >>

History Image

History

BANKING on it in Southbank!
Read more >>

Safety and Security

Looking out for signs of a drug lab
Read more >>

Southbank Sustainability Group Image

Southbank Sustainability Group

The garden is still here for you
Read more >>

Health and Wellbeing Image

Health and Wellbeing

How to combat insomnia
Read more >>

Skypad Living Image

Skypad Living

Finally, vertical villages are on government’s radar – but is the focus right?
Read more >>

Pets Corner Image

Pets Corner

Spoiling princess Chloe
Read more >>

Southbank Fashion Image

Southbank Fashion

Spring racing in Southbank
Read more >>

Street Smarts Image

Street Smarts

Power Street – Southbank
Read more >>

Letters Image

Letters

What’s behind the lights?
Read more >>

Landmark Supreme Court short-stay decision

11 Aug 2016

Landmark Supreme Court short-stay decision Image

A landmark Supreme Court decision has paved the way for short-stay accommodation across the state.

Supreme Court Justice Peter Riordan last month ruled that the Watergate Owners’ Corporation (OC) did not have the power to make rules banning owners from leasing apartments to short-term visitors.

The Docklands-based building has been involved in ongoing legal battles over the issues of short-stay apartments since 2012 and the case was being closely watched across Victoria and nationally.

The most recent decision followed the OC’s appeal of a 2015 VCAT decision, which similarly found that the OC did not have the power to make rules prohibiting short-stays.

Watergate OC chairperson Barbara Francis said it was too early to say whether the OC would appeal the Supreme Court decision.

“We’ll review the decision and canvass the support of the hotel accommodation industry before deciding,” she said.

Watergate short-stay operator Paul Salter said the Supreme Court decision was “absolutely correct” and “upheld the proprietary rights of property ownership.”

In his published decision, Justice Riordan said that under the Subdivision Act 1988 and the Owners Corporation Act 2006, the Parliament did not demonstrate an intention to give OCs the power to make rules prohibiting short-term letting of apartments.

According to Justice Riordan, the legislation does not reveal any intention for OCs to be able to “substantially interfere” with lot owners’ proprietary rights or to give OCs the power to overrule uses permitted under planning legislation.

Justice Riordan found that a parliamentary intention to give OCs the power to “substantially inhibit” the conduct of owners on their own property, would need to be expressed “in clear and unambiguous language”.

According to lobby group We Live Here, this finding gives clear direction to government.

Ms Francis, who is also a director of resident lobby group We Live Here, called on the government to change the laws “before it is too late”.

“At last the State Government has now been provided with definitive guidance by the Supreme Court about what it needs to do in order to protect owners, residents and the hotel industry,” Ms Francis said.

Stay in touch with Southbank. Subscribe to FREE monthly e-Newspaper.

You must be registered with Southbank Local News to be able to post comments.
To register, please click here.