by Allison | Jul 29, 2019 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes, Strata Disputes
What do you do if you want to do work (or have done work) but you can’t get approval of your owners corporation? Section 126 of the Strata Schemes Management Act 2015 enables a lot owner (or lessee in a leasehold scheme) to apply to the NSW Civil & Administrative...
by Chris | Apr 11, 2019 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes, Strata Disputes
On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of...
by Allison | Jan 8, 2018 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
The NSW Civil & Administrative Tribunal’s Appeal Panel today handed down a decision that will significantly affect a number of lot owners and owners corporations. The decision was that of The Owners – Strata Plan No 30521 v Shum [2018] NSWCATAP 15. In the case...
by Allison | Sep 21, 2017 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
Section 106 of the Strata Schemes Management Act 2015 (NSW) (the 2015 Act) establishes the strict liability of an owners corporation to maintain and repair its common property in the same terms as section 62 of the Strata Schemes Management Act 1996 (NSW) (the 1996...
by Chris | Mar 2, 2017 | ACT, Case Review, Levies, News & Publications
The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy...
by Allison | Mar 21, 2016 | ACT, Case Review, Levies, News & Publications, Recent News
On 20 November 2015 ACAT heard a levy recovery matter and made a decision that has a significant impact on all strata levy recovery matters commenced in ACAT. The case was The Owners – Units Plan 840 V Richardson (Civil Dispute) [2015] ACAT 77. What was the case...