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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...

Tribunal Powers to Determine Applications under the Home Building Act 1989 (NSW) despite Non-compliance with Section 48J of the HBA

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

One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...

When is Refusal to Consent to a By-law Unreasonable?

by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes

When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...
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Recent News & Publications

  • Can an interim occupation certificate be used for the purpose of determining the completion date of building works?
  • Tips and Traps for Strata Managers when Completing and Executing Change of By-Law Documents
  • Registering Change of By-laws Electronically
  • 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?

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