A number of cases illustrate that it is difficult to obtain an order from the Tribunal for removal of an OC manager. The burden of satisfying the Tribunal that the manager should be removed falls on the party applying for the removal order. The issue was discussed in Halls v Kliger Wood [2013] VCAT 2020, Paisley v OC PS522420 [2013] VCAT 1739, Societe Commerciale v OC 488740J [2013] VCAT 1631 and Babray v Whittles Australia [2013] VCAT 327.
Removal of a manager can be achieved more easily by special resolution, with appropriate notice prior to the expiration of the management contract.
