Let's Talk Strata

A podcast for anyone connected with a body corporate (or Strata title).
Tune in every fortnight to hear thought-provoking discussions with industry leaders and experts on topics - both practical and technical - that will spark your interest

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Season 1

Episode 10
​"Body Corporate debt recovery - Procedures, tips and steps to successful action"

An instructive look at debt recovery from the Body Corporate and lawyer’s perspective, and how to manage such processes with Daniel Wignall, Principal Lawyer at Macpherson Kelley

​​Daniel discusses the difficulties and challenges in a Body Corporate recovering outstanding debts, amidst the Body Corporate’s obligation and limitation periods for such recoveries.  Daniel provides recommendations on the committee action in initiating a ‘prescribed proceeding” for debt recovery, including the best practice in formulating the necessary committee approval (VOC).  Daniel advocates for specific and detailed committee motions in approving debt recovery processes, stating:
“I think it’s important to keep it specific because it all depends on the amount of the claim, and to keep lawyers in check and always reporting back to their clients.  I think, if it gets to a point where it’s not commercial, committees need to understand that and need to be told that … so causing the lawyer to go back to the committee all the time on big decisions of cost is important, and therefore the VOC should be quite specific on what those instructions are.
 Daniel delves into best practices and intricacies of the following:

  • The effect that the quantum of the debt has on the optimum method to pursue debt recovery;
  • The process of debt recovery explained;
  • Why lot owners do not pay levies and why it is imperative that a Body Corporate recover such debts;
  • The benefits of lawyers billing debt recovery actions on the basis of a scale of costs, particularly when arguing the “reasonableness” of recovering such incurred costs;
  • The importance of levies on how not paying levies impacts the Body Corporate;
  • The need for reasonableness of payment plans from lot owners;
  • Self-represented parties and the implications of dealing with such debtors;
  • Debt recovery enforcement options against individuals and corporate entities;
  • Financiers and debt recovery;
  • The importance of proper communication between the Body Corporate/Lawyer and the lot owner debtor;
  • The role of the Body Corporate Manager in debt recovery, associated due diligence action and best practices to be undertaken;
  • The conveyancer’s role in debt recovery; and
  • Future directions in Body Corporate debt recovery including cost implications in nuisance applications.
 
Daniel’s contact details:
Daniel Wignall
Principal Lawyer - Litigation and Dispute Resolution, QLD
MK Lawyers
 
P:            +61 7 3235 0460
E:            daniel.wignall@mk.com.au
Profile:   https://mk.com.au/our-people/daniel-wignall/
​

Episode 9
​"BCMs, the need for licencing and the role of education in enhancing the profession"

An insightful view on Body Corporate Management, its intricacies and future growth opportunities with Deryck Walker, RMIT
​For Body Corporate Managers, Deryck sheds light on critical matters such as:

  • The difference between the giving of legislative information vs legal advice
  • The need to refer matters to suitable professionals to navigate the multitude of issues that come across a BCM’s desk;
  • Honing BCM service delivery models such as the segregation of duties and the need to be a “conduit” to other specialised professionals;
  • The need for formal accreditation and a licensing regime in Queensland to ensure the further growth of the profession and a firm pathway into the profession.
 
Deryck talks about the seismic changes in Body Corporate Management in recent years and how information and education have begun to formalise a professional career, however, discrepancies, from a national level, pose challenges to creating consistency, uniformity in terminology, and promoting national standards and the delivery of strata services.  Remarks are made on the diversity of stakeholders in Queensland and the changing service proposition for consumers, including the homogenising and specialising of providers to meet the ever-growing scope of the BCM’s role.
 
Deryck also reflects on the burdens on BCMs in meeting client expectations and delivering high levels of service against sustainability concerning BCM staffing, financial viability and appropriate charging for that service.
 
Deryck’s contact details:
Email: deryck.walker@rmit.edu.au
Phone: 03 9925 3098

Episode 8
​"Caretakers, challenges and the role of ARAMA"

An informative walk-through the concept of management rights and the Caretaker Manager in Queensland with Trevor Rawnsley, CEO of ARAMA (Australian Resident Accommodation Managers Association)

Episode 7
​"Strata developers, caretakers and owners – managing the people and avoiding the pitfalls"

A thought-provoking walk through Strata development issues and related Strata legislation with Jason Carlson, Director at Grace Lawyers

Episode 6
​"UOAQ, its stakeholders and how they work together for better strata communities"

A practical discussion with Ross Anderson, the Vice President of the Unit Owners Association of Queensland (UOAQ)

Episode 5
​"The Strata industry now, and a vision for the future"

A visionary view on the Strata industry with James Nickless, Vice President of Strata Community Australia Qld (SCA)​

Episode 4
​"A fervent discussion on navigating through the inherent challenges of Strata"

Practical insights into Strata relationships and disputes with Frank Higginson, Director and Partner at Hynes Legal

Episode 3
​"Strata, Law reforms and how they affect us all​​"

A technical and practical discussion with Professor Michael Weir, Faculty of Law - Bond University

Episode 2
​"Management rights - tips, tricks and challenges​"

An informative chat with the director of Mahoneys Lawyers, John Mahoney

Episode 1
​"The Body Corporate Commissioner's office 101"

A relaxed discussion with the Body Corporate Commissioner, Chris Irons
Recent episodes

ABOUT Marc Mercier

​​Marc is a body corporate lawyer and author of the legal practitioner textbook Body Corporate Law in Qld: Practice and Procedure (released in April 2018 by the eminent legal publisher Wolters Kluwer CCH).  
​The Let’s Talk Strata podcast is the first of its kind for QLD. It’s a platform that sees pinnacle industry professionals discuss matters within the areas of their expertise concerning all things Strata.

​Strata issues affect a significant number of Queenslanders and this podcast seeks to elevate those important issues to the communities’ attention. The podcast also strives to obtain the views of every important stakeholder in the Strata industry.

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