News & Publications
LSJ Article – Strata And Community Title Update: Big Changes Are On The Way
The Strata Schemes Legislation Amendment Bill 2024 (NSW) (‘the Bill’) is the latest tranche of the statutory review of our State’s strata title legislation. The Bill received assent on 2 March 2025. The changes are expected to be rolled out from mid-2025. Our Allison...
Interview with 2CC Talking Canberra Local Breakfast with Stephen Cenatiempo | 05 March 2025
Our Christopher Kerin, spoke with Stephen Cenatiempo of 2CC Talking Canberra Local Breakfast on 05 March 2025 to discuss the Legislative Assembly’s Inquiry into the management of strata properties and in particular the role of the proposed strata commissioner.
LSJ Article – “Most Unsatisfactory” Conduct In Addressing Building Defects
Parties in court proceedings are expected, in keeping with the overriding purpose in section 56 of the Civil Procedure Act 2005 (NSW), “to facilitate the just, quick and cheap resolution of the real issues in the proceedings.” Our Matthew and Sophie recently wrote an...
Submission to Inquiry into Management of Strata Properties 2025 | 28 February 2025
The ACT Legislative Assembly is currently holding an Inquiry into Management of Strata Properties. Kerin Benson Lawyers made a submission to this inquiry on 28 February 2025 a copy of which may be read below: Submission of Kerin Benson Lawyers
Interview with ABC Canberra Drive with Georgia Stynes | 26 February 2025
Our Christopher Kerin, spoke with Georgia Stynes of ABC Canberra Drive on 26 February 2025 to discuss the Legislative Assembly's Inquiry into the management of strata properties and in particular the role of the proposed strata commissioner.
Strata Management Disclosure Updates: What Is The Big Deal?
Some key changes to the Strata Schemes Management Act 2015 came into effect on 3 February 2025 with the equivalent changes that have been made to the Community Land Management Act 2021. These changes were: New disclosure and approval requirements for accepting...
How To: Amend A Strata Management Statement
Strata Management Statements (SMS) exist in the context of mixed-used developments, where the development is subdivided into stratum lots which may then be subdivided into one or more strata schemes. For example, a building may have a retail stratum lot on the ground...
A Win For Owners Corporations – The High Court Dismisses Pafburn And Madarina’s Appeal From The NSW Court Of Appeal On The Issue Of Apportionment
On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...
LSJ Article – The Bulldog And The By-Law
Strata and community title has a huge social and economic impact, and the keeping of pets in apartments has long been a key area of dispute. So, what does the furore over keeping our animal friends mean for the governance of our strata and community title schemes. Our...
NSW: Change Is Coming! The Strata Managing Agents Legislation Amendment Bill 2024
View the webinar with Chris Kerin from Kerin Benson Lawyers and Nikki Jovicic from Lookupstrata discussing upcoming changes for NSW strata managing agents.
Notice Boards: Should They Be Used?
There is no requirement that an owners corporation keep a notice board on the common property, unless the by-laws for the strata scheme require it to. Accordingly, if a scheme does not have a by-law requiring the keeping (and use) of a notice board, the scheme does...
Neighbours A Nuisance? What Are Some Of The Types Of Actionable Nuisance?
Following on from our article about what constitutes a nuisance, which can be read here, this article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration...