If the tenant continues to breach the adjudication order, the body corporate committee may need to commence Magistrates Court action. This is a significant process that should only be undertaken after seeking legal advice. The body corporate committee is not required to engage a solicitor for Magistrates Court action, but it is significantly more difficult to self-represent. It is advisable to have someone with experience in that type of work or a solicitor on the committee who can give you the prospects of success and what the costs are likely to be.

It is important to note that going to the Magistrates Court means leaving the body corporate process behind and entering a general litigation process. This process requires a full understanding of court procedure, which can be difficult to navigate. The Magistrates Court will not hold your hand through the process like the way the Commissioner’s Office can do.

The cost of Magistrates Court action can vary, but it is generally not a cheap exercise. It would be several thousand dollars to start with to get to Magistrates Court. However, it is uncommon because it happens less than every couple of years across most portfolios. Most cases are resolved at the conciliation or adjudication stage, or the tenant moves out before the process can reach the Magistrates Court stage.