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⚖️ Costs in Strata Disputes: Can You Be Ordered to Pay — Even Without Lawyers?


A recent SAT decision — Godwin v Keet [2025] WASAT 93 (S) — is a timely reminder that running a strata dispute can come with real financial consequences… even if no lawyers are involved.

And perhaps more importantly — even if you genuinely believe you’re in the right.

🧩 The Background

This case started as a dispute about whether a strata manager’s contract had been terminated.

An owner, Ms Godwin, brought the application.The respondent, Mr Keet (a director of the strata management company), defended the claim.

After a lengthy process, the Tribunal found:

👉 The strata manager’s contract had NOT been terminated 

But that wasn’t the end of it…

💰 The Twist: A Claim for Costs

Following the decision, Mr Keet applied to recover $18,455.89 for:

  • Time spent reviewing documents

  • Preparing submissions

  • Attending hearings

  • Printing and parking costs

And here’s the key point:

👉 He was self-represented (no lawyer involved)

⚖️ Can You Claim Costs Without a Lawyer?

Short answer: Yes — but not easily.

SAT confirmed that under the law, costs aren’t limited to legal fees. They can include:

  • Expenses

  • Loss

  • Inconvenience caused by the proceeding

However, the Tribunal has broad discretion and looks at what is fair and reasonable in the circumstances.

🧠 What Did the Tribunal Consider?

SAT took a practical, “big picture” approach (not a strict calculation). Key factors included:

📚 1. Volume of material

  • Over 9,000+ pages of documents were reviewed

  • Much of it was found to be unnecessary or irrelevant 

⏱️ 2. Time and effort

  • The matter ran for around 9 months

  • The hearing expanded from 1 day to 3.5 days 

🔁 3. Conduct of the parties

The Tribunal found that the applicant’s actions:

  • Prolonged the proceedings

  • Required multiple urgent hearings

  • Increased the workload significantly

✅ 4. Outcome

  • The applicant was unsuccessful on the main issue

💸 The Result

Despite the large claim, the Tribunal awarded:

👉 $3,000 in costs (not $18,455)

Why the reduction?

Because:

  • The claimed hourly rate wasn’t properly justified

  • Some expenses weren’t proven

  • SAT applies a “broadbrush” approach, not exact maths

⚠️ Key Takeaways for Strata Owners & Councils

1️⃣ You can be ordered to pay costs

Even in strata disputes. Even without lawyers.

2️⃣ Conduct matters (a lot)

Running excessive applications, irrelevant arguments, or flooding the Tribunal with documents can backfire.

3️⃣ More documents ≠ stronger case

In fact, it can:

  • Increase costs

  • Prolong hearings

  • Weaken your position

4️⃣ Costs are about fairness — not punishment

SAT isn’t trying to penalise parties, but to compensate for time, effort, and disruption.

🧠 Final Thought

Strata disputes can escalate quickly — emotionally and financially.

This case is a strong reminder that:👉 How you run your case is just as important as the case itself.

Because in the end, even if you’re self-represented…💰 your time (and someone else’s) can still come at a cost.

🤓Read the case here ↓

🎧Prefer to listen ↓

 
 
 

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