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What happened when a Building was Damaged from the Excavations next Door?

by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes

Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land.  The building works involved extensive excavations, a retaining and a shoring wall...

How do Sections 106 and 108 of the Strata Schemes Management Act Interact?

by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes

It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...

What is a Scott Schedule & Why are they Used?

by Allison | Jan 14, 2021 | Building Defects, Fact Sheets, News & Publications, NSW, Strata Disputes

Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...

Clarification on Time Limits under the Environmental Planning and Assessment Act 1979 for Defective Building Work

by Allison | Jan 11, 2021 | BCA Compliance, Building Defects, News & Publications, NSW, Recent News

According to the recent judgement of the Court of Appeal in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd [2020] NSWCA 303, the 10 year long-stop limitation period in the Environmental Planning and Assessment Act 1979 applies to all defective building work...

When is a Strata Scheme Not Functioning Satisfactorily for the Purposes of Appointing a Compulsory Strata Manager?

by Allison | Jan 11, 2021 | News & Publications, NSW, Recent News, Strata Disputes

This question was answered in The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 which concerned an appeal from a decision made in the Tribunal where orders were made appointing a compulsory strata manager pursuant to s 237(1) of the Strata Schemes...
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Recent News & Publications

  • What happened when a Building was Damaged from the Excavations next Door?
  • How do Sections 106 and 108 of the Strata Schemes Management Act Interact?
  • What is a Scott Schedule & Why are they Used?
  • Clarification on Time Limits under the Environmental Planning and Assessment Act 1979 for Defective Building Work
  • When is a Strata Scheme Not Functioning Satisfactorily for the Purposes of Appointing a Compulsory Strata Manager?

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