News & Publications
Christopher Kerin appears before the Inquiry Into Building Quality in the ACT
On 22 May 2019, Christopher Kerin appeared before the ACT Parliamentary Inquiry Into Building Quality in the ACT and detailed the challenges facing apartment owners in the ACT as well as what needs to change to provide more consumer protection to apartment owners....
Kerin Benson Lawyers have provided their submissions in response to the Building Stronger Foundations Discussion Paper
In February 2019 the NSW Government released their response to the Shergold Weir Building Confidence Report. This was followed by the NSW Government’s Building Stronger Foundations Discussion Paper in June 2019. The public was invited to provide the NSW Government...
Is it a repair or an alteration or improvement? A recent case update
On 16 April 2019, the Supreme Court of New South Wales handed down its decision in the matter of Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425. The case largely concerned whether proposed works to common property amounted to repairs, replacement or...
Defamation and owners corporations: be careful in your communications
In Raynor v Murray [2019] NSWDC 189 the New South Wales District Court has held that remarks sent in an email to the chairperson of an owners corporation that copied in all owners and occupiers within the scheme were defamatory. The case came about after the owners...
Works approval orders under the Strata Schemes Management Act 2015: How do they work in practice?
What do you do if you want to do work (or have done work) but you can’t get approval of your owners corporation? Section 126 of the Strata Schemes Management Act 2015 enables a lot owner (or lessee in a leasehold scheme) to apply to the NSW Civil & Administrative...
Lacrosse Apartments VCAT Decision – Combustible Cladding and Important Liability Issues for Building Consultants
On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of the judgement was a fire which took place in November 2014 at the Lacrosse […]
Newly Re-Elected NSW Government Building Standards Announcement
NSW Government – building standards update The newly re-elected Berejiklian Government has announced its plan in response to the Building Confidence Report commissioned by the Building Ministers’ Forum in August 2017. The independent expert review by Professor Peter Shergold AC and Bronwyn Weir examined building regulatory systems around Australia and found there are national problems […]
Tribunal Decision Regarding The Executive Committee Code Of Conduct In The ACT
Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14 is a recent decision by ACAT which was determined on 31 January 2019. It is of interest to strata managers given it is the only decision of any jurisdiction in the ACT which considers allegations of breaches of the executive committee Code of […]
Security Bars: Common or Lot Property?
In the matter of Cestaro v The Owners – Strata Plan No. 457 NSW Civil and Administrative Tribunal of 12 February 2019 (unreported), it was held that security bars affixed to the external windows of a lot were common property. The lot owner applicant alleged that security bars that they had installed in 2004 and […]
WIN News Canberra: Building Defects in the ACT
On 6 February 2019, Christopher Kerin was interviewed by WIN News Canberra in relation to the building defects in the ACT. The full interview is provided below.
Canberra Times article: ‘We’ve reached a crisis point’ – Experts decry ACT building industry
On 28 January 2019, Christopher Kerin was quoted in the Canberra Times in relation to defects in high-rise apartments. To read the full article click here.
Australian Financial Review Article: Off-the-Plan Market Going Off the Tracks
Christopher Kerin was quoted in the Australian Financial Review in relation to the off-the-plan apartment building frenzy. To read the full article click here.