by Chris | Oct 1, 2015 | ACT, BCA Compliance
To download the Fact Sheet, click here KBL_ACT_86_Flow Chart
by Chris | Sep 16, 2015 | ACT, BCA Compliance, BCA Compliance, NSW
Click here to read the article – Unit Fire and Safety Issues
by Chris | Aug 20, 2015 | ACT, BCA Compliance
To download the Fact Sheet, click here Section 62 Notice Flow Chart (ACT)
by Chris | Aug 20, 2015 | ACT, Factsheets
To download the Fact Sheet, click here ACT Fact Sheet 5
by Chris | May 6, 2015 | Building Defects, NSW
Christopher Kerin has just had Part 2 of his article on the recent Home Building Act amendments published in the May edition of the NSW Law Society Journal. Click here to download a copy of the article.
by Allison | Apr 26, 2015 | ACT, Levies, Uncategorized
Section 31 of the Unit Titles (Management) Act 2011 (ACT) (the Act) enables an owners corporation to recover expenses from a lot owner if such expenses relate to work conducted by the owners corporation because of a wilful or negligent act or omission by an owner or...
by Allison | Apr 26, 2015 | By-Laws, NSW, Uncategorized
Whether it’s to authorise a renovation, regulate pet ownership, or to give the executive committee permission to approve the installation of solar panels, any change, repeal, or addition of a by-law requires the filing of documentation with Land and Property...
by Chris | Apr 7, 2015 | Building Defects, NSW, Uncategorized
Christopher Kerin recently had Part 1 of his articl published in the April edition of the Law Society Journal. The article covers the recent Home Building Act amendments. Click here to download a copy of the article.
by Chris | Mar 27, 2015 | ACT, Factsheets, Recent News
To download the Fact Sheet, click here ACT Fact Sheet 3
by Chris | Mar 27, 2015 | ACT, Factsheets, Recent News
To download the Fact Sheet, click here ACT Fact Sheet 2
by Chris | Mar 27, 2015 | ACT, Factsheets, Recent News
To download the Fact Sheet, click here ACT Fact Sheet 1
by Allison | Mar 26, 2015 | Case Review, NSW, Strata Disputes
Section 183(1) of the Strata Schemes Management Act 1996 (NSW) (the Act) confers a discretion on NSW Civil and Administrative Tribunal to reallocate unit entitlements when the original allocation is found to be unreasonable. The recent case of Rita Sahade v The Owners...
by Allison | Mar 12, 2015 | By-Laws, NSW, Uncategorized
This is a caution that the new website httpss://hub.planning.nsw.gov.au/ for home owners wanting to renovate their properties launched by the Dept. Planning & Environment to fast track development approvals is not a one-stop-shop. Home owners in strata &...
by Allison | Feb 26, 2015 | BCA Compliance, NSW, Uncategorized
The changes introduced by the Swimming Pools (Amendment) Act 2012 have again been postponed, with owners corporations now having until 29 April 2016 to ensure their swimming pools are the subject of a certificate of compliance if any owner wishes to sell or lease...
by Allison | Feb 18, 2015 | ACT, Strata Disputes, Uncategorized
Section 24 of the Unit Titles (Management) Act 2011 (ACT) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages has been limited in the light of the decision of the NSW Court...
by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes
Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...
by Allison | Feb 18, 2015 | ACT, Legal Alert, Levies, Levies, NSW, Recent News
Once judgment is obtained against a debtor lot owner, there are various enforcement options that may be canvassed by the owners corporation. If the judgment debt (which includes interest and legal costs) is $5,000 or more, one of the enforcement options open to owners...
by Chris | Feb 4, 2015 | ACT, Building Defects, Building Defects, NSW
Click here to read the article – Scaremongering on Apartment Defects Irresponsible
by Chris | Feb 2, 2015 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Recent News
Chris Kerin appeared on ABC News on 2 February 2015 in relation to builders who go broke in Queensland and how they impact on owners corporations suffering from building defects.
by Chris | Feb 2, 2015 | ACT, Building Defects, Building Defects, NSW
Click here to read the article – Gold Coast Apartment Owners Fear $2m Bill to Fix Dodgy Building Work
by Chris | Jan 29, 2015 | ACT, BCA Compliance, BCA Compliance, Case Review, NSW, Recent News
Background 1. On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which curtails the rights of apartment owners to sue builders in negligence. 2. The case involved a...
by Chris | Jan 8, 2015 | Building Defects, Legal Alert, NSW
On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners. The case involved a long-running dispute between the appellant...
by Allison | Dec 8, 2014 | Case Review, NSW, Strata Disputes
The NSW Court of Appeal has upheld a decision of the Supreme Court in favour of owners corporations. The case of 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 is the latest win in a series of cases where the developers and builders have...
by Allison | Dec 1, 2014 | ACT, Legal Alert, NSW, Strata Disputes, Strata Disputes
There has been a recent spate of Land Access and Activity Notices (LAAN) being issued to owners corporations by telecommunications companies, requiring access to strata plans either to inspect the premises or to install telecommunications facilities and equipment,...
by Chris | Nov 24, 2014 | Building Defects, Legal Alert, NSW, Recent News
The Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014. The Minister says consumers’ “protections and rights would...
by Chris | Nov 17, 2014 | Building Defects, Legal Alert, NSW, Recent News
Chris Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.
by Chris | Nov 1, 2014 | ACT, BCA Compliance, BCA Compliance, NSW
Click here to read the article – Building Certifier Liability After Brookfield Where to Now
by Chris | Oct 30, 2014 | Building Defects, Legal Alert, NSW
This article, published in the November 2014 edition of the NSW Law Society Journal outlines the background, reasoning and implications of the decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 on apartment owners in...
by Allison | Oct 26, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
It is no secret that the Australian Privacy Principles (APP), found in Schedule 1 of the Privacy Act 1988 (Cth), impose restrictions on organisations and individuals, like strata managers, in relation to the collection, use and disclosure of personal information. In...
by Chris | Oct 14, 2014 | ACT, Building Defects, Legal Alert
On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in the ACT. The case involved a long-running dispute between the...
by Chris | Oct 14, 2014 | Building Defects, Legal Alert, NSW
On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in New South Wales. The case involved a long-running dispute...
by Allison | Oct 13, 2014 | By-Laws, Legal Alert, NSW
Do you want to renovate your unit but your proposed exclusive use by-law has been refused by the Owners Corporation? Or, do you believe that the terms of a works by-law that has been made are unreasonable? In either case you may be able to make an application to the...
by Allison | Oct 13, 2014 | ACT, Case Review, Strata Disputes
For most of us our homes are our castles. Given the emotional and financial stresses associated with them it is understandable that when there is a problem such as water penetration, a unit owner wants someone else to be responsible for any financial loss caused. In a...
by Allison | Oct 10, 2014 | Case Review, Levies, NSW
The recent cases of Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 (Kisimul) and In the Matter of EGE Foods Australia Pty Ltd [2014] NSWSC 983 (EGE Foods) serve to emphasise the importance of compliance with legislative requirements when issuing...
by Chris | Oct 9, 2014 | ACT, Building Defects, Building Defects, NSW
Click to read the article – High Court Decision Bad News for Apartment Owners
by Chris | Oct 7, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Uncategorized
It has been reported that the Australian Securities and Investments Commission, Australian Tax Office and Fair Work Building and Construction have recently begun cooperating to crack down on builders liquidating their companies to avoid repaying creditors including...
by Allison | Sep 1, 2014 | ACT, Case Review, Strata Disputes
Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the...
by Allison | Aug 31, 2014 | Building Defects, Case Review, NSW
In a win for Owners Corporations (and home owners) in NSW, a recent Supreme Court decision has validated the right of the Owners Corporation, in certain circumstances, to refuse an offer by the original builder to conduct remedial work where there are agreed building...
by Allison | Aug 26, 2014 | ACT, Legal Alert, Levies, Levies, NSW
When seeking to recover unpaid strata levies, it is natural for Owners Corporations to want a fast result with as little money spent as possible. For this reason, many may shy away from enlisting the assistance of lawyers, fearing excessive legal fees will result in...
by Allison | Aug 10, 2014 | ACT, Legal Alert, Rules
The Owners Corporation is responsible for managing the units plan and the enforcement of its rules. The Unit Title (Management) Act 2011 (ACT) (the Act). What Rules Apply to My Units Plan? The default rules for a units plan are set out in schedule 4 of the Act however...
by Allison | Aug 8, 2014 | By-Laws, Legal Alert, NSW
Many lot owners, particular those in older strata schemes, do not know what by-laws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme this record may not always be accurate. Why?...
by Chris | Aug 8, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW
Ross Taylor & Associates’ famous “Why Balconies Leak” video – Everything you need to know about balcony leaks, but were too afraid to ask. httpsss://youtu.be/pkc4-9RbRuU
by Allison | Aug 7, 2014 | ACT, Legal Alert, Levies, Levies, NSW
In July 2014, Australian Security Investments Commission (ASIC) and Australian Competition and Consumer Commission (ACCC) jointly released a publication entitled “Debt Collection Guideline: for collectors and creditors” (the Guideline). The Guideline is a timely...
by Allison | Jul 21, 2014 | ACT, Legal Alert, Levies, Levies, NSW
Once judgment has been granted in a levy recovery matter the Owners Corporation should seriously consider applying for the issue of a bankruptcy notice. When is a bankruptcy notice possible? To obtain a bankruptcy notice in levy recovery matters the judgment debt must...
by Chris | Jul 18, 2014 | ACT, Building Defects, Legal Alert
This is a brief outline of what occurs during the process of obtaining a rectification order from the ACT Planning and Land Authority (ACTPLA or otherwise known as the Environment and Sustainable Development Directorate) against a building licensee (including a...
by Chris | Jul 17, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW
Chris Kerin appeared on Channel 7 News (Monday, 7 July 2014) to provide some expert advice on building defects in Australia.
by Allison | Jul 15, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed these processes when sending meeting notices and levy...
by Allison | Jul 8, 2014 | ACT, Case Review, Levies, Levies, NSW
In a recent Local Court case, the court had much to say on what was considered ‘reasonable’ legal expenses and ‘reasonable’ conduct in commencing levy recovery proceedings. The court was critical of the managing agent & the Owners Corporation and found for the...
by Chris | Jul 8, 2014 | Building Defects, NSW
Click to read article – NSW Strata Overhaul on Hold – Owners of New Apartments at Risk
by Allison | Jul 7, 2014 | Legal Alert, Levies, NSW
An Owners Corporation is entitled to “recover as a debt a contribution not paid at the end of one month after it becomes due and payable, together with any interest payable and the expenses of the owners corporation incurred in recovering those amounts” under Section...
by Chris | Jul 2, 2014 | Building Defects, NSW
Click to read article – Strata Reforms Gunned Down
by Allison | Jun 29, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
Many commercial contracts, including those between building managers, facilities managers, caretakers, strata managers and Owners Corporations, have a clause buried towards the end of the contract that sets out a process for resolving disputes. In my experience it is...
by Allison | Jun 29, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
A recent Supreme Court decision involving a dispute between an Owners Corporation and a building expert engaged to inspect the property and provide a building defects report has raised the following issues: the need for an Owners Corporation to consider the scope...
by Chris | Dec 1, 2013 | Building Defects, NSW
Click to read article – Builders, Duty of Care and Vulnerability
by Chris | Dec 1, 2013 | ACT, Building Defects
Click to read article – Feeling Vulnerable or Without a Care
by Chris | Apr 15, 2013 | ACT, Building Defects
Click to read article – Engineer Appeals Against Oversight
by Chris | Dec 12, 2012 | ACT, Building Defects, Building Defects, NSW
Click to read the article – Ruling Makes It Harder to Sue Your Apartment Builder
by Chris | Sep 5, 2012 | ACT, Building Defects, Building Defects, NSW
Click to read the article – Defect With Your Unit A Tough Situation Could Get Worse
by Chris | Mar 1, 2012 | Building Defects, NSW
Click to read the article – Home Building Amendment Act – Here We Go Again
by Allison | Nov 27, 2011 | ACT, NSW, Strata Disputes, Strata Disputes
Click to read the article – Plugged Into a Power Struggle
by Allison | Mar 19, 2011 | ACT, NSW, Strata Disputes, Strata Disputes
Click to read the article – The Price of Doing Nothing
by Chris | Mar 1, 2011 | Building Defects, NSW
Click to read the article – Building and Construction Industry Security of Payment Amendment Act 2010 – Bringing Forward the Remedy
by Chris | Oct 26, 2010 | ACT, Building Defects
Click to read the article – New Homes Drastically Under-insured
by Chris | Sep 1, 2010 | Building Defects, NSW
Service of Payment Claims under the Security of Payment Act
by Chris | Jul 1, 2010 | Building Defects, NSW
Click to read – Who is Entitled to the Benefits of Statutory Warranties
by Chris | Jan 1, 2010 | Building Defects, NSW
Click to read – Questions of Jurisdiction
by Chris | Nov 1, 2009 | Building Defects, NSW
Statutory Warranties and Privity of Contract
by Chris | Mar 1, 2008 | ACT, Building Defects, Building Defects, NSW
Click to read article – Risky Business Risk Management Cruises Into the 21st Century
by Chris | Nov 1, 2007 | ACT, Building Defects, Building Defects, NSW
Click to read the article – Reasonableness of Rectification
by Chris | Oct 1, 2007 | ACT, Building Defects, Building Defects, NSW
Click to read the article – Agreements to Negotiate in Good Faith
by Chris | Sep 1, 2007 | Building Defects, NSW
Click to read the article – Look Before You Issue – The Perils of Using Statutory Demands to Enforce Determinations
by Chris | Aug 3, 2007 | Building Defects, NSW
Requirements of a Valid Payment Claim Under the Act
by Chris | Jul 1, 2007 | Uncategorized
Case note – Downer Construction (Australia) Pty Ltd v Energy Australia
by Chris | Apr 1, 2007 | Building Defects, NSW
Click to download – Case note – John Holland Pty Ltd v Roads and Traffic Authority of New South Wales 2007
by Chris | Jan 1, 2007 | Building Defects, NSW
Click to download the article – Case note – John Holland Pty Ltd v Roads and Traffic Authority of New South Wales 2006
by Chris | Sep 1, 2006 | Building Defects, NSW
Click to download the article – Security of Payment
by Chris | Jun 3, 2006 | Building Defects, NSW
Click to download article – Cracks Appearing in Security of Payment Legislation
by Allison | Dec 8, 2025 | News & Publications, NSW, Recent News, Strata Disputes
Our Allison Benson was recently interviewed by David Barwell for an article that appeared in the Sydney Morning Herald on the 1st December 2025, discussing the rising number of disputes among residents in strata properties in New South Wales, Australia, highlighting...
by Allison | Oct 14, 2025 | News & Publications, NSW, Recent News
The rollout of the amendments to the NSW Strata & Community Title legislation continues. The next tranche of amendments comes into effect on 27 October 2025. A brief summary of these changes is below. Improved Repairs and Maintenance Compliance The office of...
by Allison | Sep 14, 2025 | News & Publications, NSW, Recent News, Strata Disputes
A neighbour recently reported noisy upstairs children causing daily disruptions, making it difficult to watch TV due to loud running and constant noise. What can be done? Start with a friendly approach: Speak to your neighbours and explain the issue with specific...
by Chris | Jul 29, 2025 | ACT, BCA Compliance, Building Defects, Case Review, News & Publications, NSW
https://kerinbensonlawyers.com.au/wp-content/uploads/2025/07/Leadership-in-Apartment-Buildings-with-Defects-.mp4 This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation....
by Chris | Jul 22, 2025 | Case Review, News & Publications, Rules
https://kerinbensonlawyers.com.au/wp-content/uploads/2025/07/Residential-Strata-Insurance-Policies.mp4 This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation. Author:...
by Chris | Jul 22, 2025 | ACT, Case Review, News & Publications
This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here. This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which...
by Chris | Jul 11, 2025 | ACT, BCA Compliance, Case Review, News & Publications, NSW
https://kerinbensonlawyers.com.au/wp-content/uploads/2025/07/Building-Sites-Next-Door-to-Strata-Title-Buildings-1.mp4 This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual...
by Allison | Jul 7, 2025 | By-Laws, Fact Sheets, Levies, News & Publications, NSW, Strata Disputes
The NSW Civil & Administrative Tribunal (NCAT) has the power under section 237 of the Strata Schemes Management Act 2015 (SSMA) to make orders for the appointment of a strata managing agent, and to then specify the functions that are to be exercised or those which...
by Chris | Jul 1, 2025 | BCA Compliance, Building Defects, Case Review
https://kerinbensonlawyers.com.au/wp-content/uploads/2025/07/Balustrades-in-Strata-Title-Buildings.mp4 This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation. Author:...
by Chris | Jun 16, 2025 | ACT, BCA Compliance, Building Defects, Case Review, News & Publications
https://kerinbensonlawyers.com.au/wp-content/uploads/2025/06/Work-Health-Safety-in-Strata-Title-Buildings.mp4 This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation....
