This article discusses how ongoing levy debts must be pursued through separate tribunal or court proceedings for each new amount that becomes due.
Question: Can the amount claimed in tribunal or court proceedings for levy recovery be increased to include additional levies that accrue before the ruling?
Once tribunal proceedings for a levy debt begin, can the amount we’re claiming be increased to include levies that continue to accrue during the lengthy period before a ruling? Otherwise, it seems the body corporate must begin new recovery action for the next round of unpaid levies, which results in ongoing legal fees that quickly erode any recovered funds. Is this correct? Is there a more effective approach to managing these situations without having to repeatedly start new proceedings?
Answer: Any levies that do not form part of the original claim will not be automatically added after an application has been made or court proceedings have commenced.
This situation often arises when there is ongoing or recurring debt. Levies that become payable after an application has been made or proceedings have been commenced cannot be added to the tribunal or court proceedings. This applies consistently across all states.
Unfortunately, if it takes some time, for example a year, to recover those levies, the owners corporation will need to commence a new recovery process for any additional amounts that have become due since the commencement of proceedings. Whilst the need to make a new application or commence new proceedings is frustrating, a new action may be commenced before the existing proceedings have been paid. If the cycle is ongoing, the owners corporation may need to seek advice about the options available to it.
Petra Lohmann Bugden Allen E: petra@bagl.com.au P: 02 9199 1055
This post appears in the November 2025 edition of The WA Strata Magazine.
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Read next:- NSW: Q&A Levy recovery can only begin one month after the due date
- WA: Q&A Procedure for raising a special levy contribution
- NAT: Levy arrears in strata: fairness, reform and respectful recovery
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