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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...
https://kerinbensonlawyers.com.au/wp-content/uploads/2015/02/CK-ABC-QLD-Interview.mp4

Building Defects and Builders who go broke – ABC News

by Chris | Feb 2, 2015 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Recent News

Chris Kerin appeared on ABC News on 2 February 2015 in relation to builders who go broke in Queensland and how they impact on owners corporations suffering from building defects.

Building certifier liability after Brookfield: Where to now?

by Chris | Jan 29, 2015 | ACT, BCA Compliance, BCA Compliance, Case Review, NSW, Recent News

Background 1. On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which curtails the rights of apartment owners to sue builders in negligence. 2. The case involved a...

Implementation of Home Building Amendments Delayed to Mid-January 2015

by Chris | Nov 24, 2014 | Building Defects, Legal Alert, NSW, Recent News

The Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014. The Minister says consumers’ “protections and rights would...

Building Defects + New Law a Disaster for NSW Home Owners – Channel 7 News

by Chris | Nov 17, 2014 | Building Defects, Legal Alert, NSW, Recent News

Chris Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.
Next Entries »

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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