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Representing BC at Arbtration

By susanna clark on Wed, 24 Apr 2019 at 19:07

When a complaint is lodged with CSOS against Body Corporate and the Managing agent - can the MA represent the BC and himself at arbitration?

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RE: Representing BC at Arbtration

Murray Bennett replied on Fri, 26 Apr 2019 at 16:22

I think so as the MA is employed by the trustees to carry out some of their duties and the trustees are entitled to choose a representative.

RE: Representing BC at Arbtration

andrew church replied on Tue, 30 Apr 2019 at 07:17

(can the MA represent himself at ARBITRATION)
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Keep in mind the word CONCILIATION when making an application FOR DISPUTE RESOLUTION ?
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The ombud must refer the matter to CONCILIATION. ( see 47.Conciliation below )
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Conciliation 47. On acceptance of an application , if the ombud considers that there is a reasonable prospect of a negotiated settlement of the disputes set out in the application. The ombud must refer the matter to conciliation.

RE: Representing BC at Arbtration

Suzanne De Villiers replied on Fri, 03 May 2019 at 10:13

From my experience the important thing is that the person attending has full/complete authority to agree to something and/or make a decision. If the MA has been given this authority by the trustees via a resolution then it should be allowed.

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