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When being unreasonable isn’t enough: NCAT’s discretion in the reallocation of unit entitlements

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...

Renovations in Strata & Community Title Lots: New Planning “One-Stop-Shop” Website to Fast Track Development Approvals

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 &...

Can A Lot Owner Claim For Damages In Equity and Negiligence Arising From A Breach of s62 After Thoo & Brookfield?

by Allison | Mar 1, 2015 | NSW, Strata Disputes

Click here to read the article – Can A Lot Owner Claim For Damages In Equity and Negiligence Arising From A Breach of s62 After Thoo & Brookfield

Don’t drown in the legislative reform: Ensure your pool is compliant

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...

Case Note: Can a lot owner claim for damages in equity & negligence arising from a breach of Section 62 after Thoo & Brookfield-Multiplex?

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...

Is bankruptcy the best option? Considerations when contemplating bankruptcy proceedings against debtor lot owners

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...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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