News & Publications

What is a Nuisance?

The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by...

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180 Day Cap on Short-Term Rental Accommodation

An amended policy framework for short-term rental accommodation has been introduced that was supposed to take effect on 30 July 2021. However according to recent news reports, the commencement date has now been extended to 1 November 2021. This extension has not yet...

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Costs In The NSW Civil And Administrative Tribunal

The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...

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Are Age Restriction Rules Valid?

This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...

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Does The Failure To Disclose Affect An Insurance Claim?

In some situations non-disclosure affects insurance coverage and an insurer may refuse a claim. Failure to disclose to an insurer was one of the key issues in The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors [2020] NSWDC 758. In...

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Registering Change of By-laws Electronically

As of 22 March 2021, the NSW Land Registry Services will be requiring consolidation or change of by-laws forms, and change of address forms for owners corporations or associations to be lodged electronically through the PEXA service. Amendments to management...

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