News & Publications
Understanding the Law, and NCAT Practice and Procedures – Know Your Stuff!
While the main objective of the NSW Civil and Administrative Tribunal (NCAT) is to provide a simple, quick, and effective process for resolving disputes, it is important for you to understand the law applicable to your claim, as well as the practice and procedures in...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – Which Is Better? Part 1
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
Abolition of Paper Certificates of Title
From 11 October 2021, the following changes will take effect to the titles system in NSW: the cancellation of paper certificates of title and the control of the right to deal (CoRD) framework; and all land dealings must be lodged electronically. The above will mean...
What Kind Of Approval Do I Need For My Works?
Given the number of people living in strata schemes, it is surprising that many of them are still not aware that certain works require the approval of the Owners Corporation. This article is a quick re-cap on the types of approval required for works to your lot....
Do I Need A By-law? (Flow Chart)
We have prepared this flow chart to assist you in determining if you need a by-law - Do I need a by-law flow chart 2020
Case Note – CHEETHAM & ORS v THE OWNERS – UNITS PLAN 503 & ORS (Unit Titles) [2019] ACAT 90
The applicants are the owners of three units in a block of six. The respondents are the owners corporation and the owners of three other units with a combined voting entitlement of 50.5%. The applicants sought the repeal or amendment of an ordinary resolution which...
Case Note – RILEY v THE OWNERS CORPORATION UNITS PLAN 706 (Unit Titles) [2018] ACAT 99
The applicant in these proceedings owned and resided in unit 13 of Units Plan 706 which is located on the side of a hill and consists of 13 townhouses each with its own driveway and garage. As Unit 13 is situated towards the bottom of that hill, when it rains heavily...
Case Note – KIRK v THE OWNERS – UNITS PLAN NO 2992 (Unit Titles) [2017] ACAT 102
The applicant was the owner and occupier of unit 3 in Units Plan 2292. In May 2013, the applicant notified the owners corporation of water ingress into the unit from the balcony, which was caused by inadequate waterproofing in the external wall (which formed common...
Case Note – GARCIA v THE OWNERS – UNITS PLAN 10 (Unit Titles) [2017] ACAT 91
The applicant is the owner of a unit in Units Plan 10. In August 2014, the property manager of the applicant notified the respondent of a leak outside the kitchen of the applicant’s unit. The respondent then engaged plumbers to investigate the problem to remedy it and...
Levy Recovery Update: Statutory Demand & Bankruptcy Thresholds
Statutory Demands An amendment to the Corporations Regulations 2001 (Cth) will enact a change to the minimum amount for a statutory demand from 1 July 2021, increasing the current statutory minimum of $2,000 to $4,000 to reflect the impact of inflation. This change...
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...