by Allison | Mar 3, 2025 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News
Parties in court proceedings are expected, in keeping with the overriding purpose in section 56 of the Civil Procedure Act 2005 (NSW), “to facilitate the just, quick and cheap resolution of the real issues in the proceedings.” Our Matthew and Sophie recently wrote an...
by Chris | Feb 28, 2025 | ACT, Strata Disputes
The ACT Legislative Assembly is currently holding an Inquiry into Management of Strata Properties. Kerin Benson Lawyers made a submission to this inquiry on 28 February 2025 a copy of which may be read below: Submission of Kerin Benson Lawyers
by Chris | Feb 27, 2025 | ACT, Strata Disputes
Our Christopher Kerin, spoke with Georgia Stynes of ABC Canberra Drive on 26 February 2025 to discuss the Legislative Assembly’s Inquiry into the management of strata properties and in particular the role of the proposed strata commissioner.
by Allison | Feb 12, 2025 | Legal Alert, News & Publications, NSW, Recent News
Some key changes to the Strata Schemes Management Act 2015 came into effect on 3 February 2025 with the equivalent changes that have been made to the Community Land Management Act 2021. These changes were: New disclosure and approval requirements for accepting...
by Allison | Feb 12, 2025 | By-Laws, News & Publications, NSW, Recent News
Strata Management Statements (SMS) exist in the context of mixed-used developments, where the development is subdivided into stratum lots which may then be subdivided into one or more strata schemes. For example, a building may have a retail stratum lot on the ground...
by Allison | Jan 13, 2025 | BCA Compliance, Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News
On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...
by Allison | Nov 25, 2024 | By-Laws, News & Publications, NSW
Strata and community title has a huge social and economic impact, and the keeping of pets in apartments has long been a key area of dispute. So, what does the furore over keeping our animal friends mean for the governance of our strata and community title schemes. Our...
by Chris | Nov 4, 2024 | Legal Alert, News & Publications, NSW, Recent News
View the webinar with Chris Kerin from Kerin Benson Lawyers and Nikki Jovicic from Lookupstrata discussing upcoming changes for NSW strata managing agents.
by Allison | Nov 4, 2024 | By-Laws, News & Publications, NSW
There is no requirement that an owners corporation keep a notice board on the common property, unless the by-laws for the strata scheme require it to. Accordingly, if a scheme does not have a by-law requiring the keeping (and use) of a notice board, the scheme does...
by Allison | Sep 15, 2024 | News & Publications, NSW, Recent News, Strata Disputes
Following on from our article about what constitutes a nuisance, which can be read here, this article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration...
