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New Supreme Court Equity List for Strata Disputes

by Allison | Jun 13, 2015 | NSW, Recent News, Strata Disputes

As of 1 June 2015 the NSW Supreme Court will have a specialist Equity Division list for Real Property matters. Importantly, the Real Property List will include claims in relation to the legislation regulating the creation and management of strata and community title...

Wild Weather and Damage: The Owners Corporation’s Duty to Maintain and Repair the Common Property

by Chris | Jun 12, 2015 | ACT, NSW, Recent News, Strata Disputes, Strata Disputes

With the gale force winds and torrential rain that has been hitting our shores in recent times, this is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged. Owners Corporations An owners...

Drips, Drizzle or Deluge? Powers of an Owners Corporation to Enter Lot Property (incl. Emergency Powers)

by Chris | Jun 12, 2015 | ACT, NSW, Recent News, Strata Disputes, Strata Disputes

What many lot owners don’t realise when they buy into a strata scheme is that in some situations, including in an emergency, an Owners Corporation, can force entry. What does this mean? It means that even though you (or your tenant) may not be home or, if access to...

Case Note: Expert Evidence: Can an expert make a compromise?

by Chris | May 31, 2015 | ACT, Building Defects, Building Defects, NSW, Recent News, Strata Disputes, Strata Disputes

The Uniform Civil Procedure Rules 2005 (NSW) authorise the referral of certain matters in litigated proceedings to an independent referee. The referee’s determination of the referred matters can then be adopted or rejected by the court. The importance of expert...

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...

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
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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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