by Allison | Apr 14, 2021 | News & Publications, NSW, Strata Disputes
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...
by Allison | Apr 14, 2021 | Legal Alert, NSW, Recent News
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...
by Allison | Mar 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
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...
by Allison | Mar 10, 2021 | Fact Sheets, NSW, Strata Disputes
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...
by Allison | Mar 10, 2021 | Case Review, Legal Alert, News & Publications, NSW, Rules
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...
by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes
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...
by Allison | Mar 10, 2021 | Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
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...
by Allison | Feb 10, 2021 | BCA Compliance, Building Defects, Legal Alert, News & Publications, NSW, Recent News
This was one of the issues before the Court in the recent case of Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327. Completion of building work occurs on the date of issue of an occupation certificate that authorises the occupation and use...
by Allison | Feb 10, 2021 | By-Laws, News & Publications, NSW, Rules
Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general...
by Allison | Feb 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News
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...
