Prepare for Increased Damage Claims Under Section 238A
Posted 01 July 2026
Category: Strata, Strata Reform
With another wave of strata reforms on the horizon, new measures are being introduced to tighten compliance and improve the handling of statutory obligations. A key part of these pending reforms is the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025, which makes several changes to how breaches of statutory duty are addressed. In particular:
Orders for Breach of Statutory Duty
Section 238A provides that the Tribunal may, on application by an owners corporation or owner, make an order awarding damages for breach of statutory duty under the following sections:
In addition, the section has been amended to clarify that the Tribunal has the power to:
How do these changes impact strata managing agents?
These reforms will have practical implications for strata managing agents, particularly in relation to dispute management. A few key impacts include:
We have considerable experience with these reforms and could assist you with any practical issues you may be experiencing or expect.
If you are a Compliance Pack member, please click here to download the Strata Reforms Guide.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
