News & Publications
Expert Evidence In NCAT Proceedings – Must My Expert Comply With Procedural Direction 3?
Whether or not an expert is required to comply with the NSW Civil and Administrative Tribunal’s (NCAT) Procedural Direction 3 setting out the expert’s code of conduct was considered in McGrath v The Owners – Strata Plan No 13631 [2021] NSWCATAP 167. Background Mr...
Sustainability Infrastructure In Strata Schemes – The Good And The Bad
The Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 was passed on 16 February 2021 and received assent on 24 February 2021, thereafter becoming the Strata Schemes Amendment (Sustainability Infrastructure) Act 2021. The new provisions on...
Updates on COVID -19 Temporary Relief Measures
The temporary relief measures introduced in response to COVID-19 enabling the holding of an owners corporation to hold electronic meetings, regardless of whether a motion authorising an electronic meeting had previously been passed, were not extended. This means that...
Clear By-laws – Yes, Please!
By-laws are the rules that govern an owners corporation. All owners and occupiers are required to comply with the by-laws of their strata scheme and as such, it is important that by-laws are clearly drafted and easily interpreted. When by-laws are unclear or...
Levy Recovery In Strata Schemes
An owners corporation can recover a contribution when it has not been paid one month after it became due and payable. Interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts can also be...
Does An Owners Corporation Have To Consent To A Development Application Which Does Not Involve A Change To Common Property?
This question was considered in the case of Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142. In this case, the Dehsabzis wanted to change the use of their lot from an office premises to enable them to operate a Domino’s Pizza restaurant...
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...
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...
Harsh, Unconscionable, Oppressive: Does Angus Have the Last Bark After All?
In an update to the Cooper decision (which Allison discussed in the Law Society Journal – the link to which is here, a new case on animals in strata schemes was reported on by Jimmy Thomson and Sue Williams on 6 March 2021 in Domain with a puzzling and unexpected...
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...
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...
Can A Lot Owner Refuse Consent To The Repeal Of A By-Law After Agreeing To It At Mediation?
This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...