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Privacy for Strata Managers – Three lessons from the Australian Information Commissioner

by Allison | Oct 26, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes

It is no secret that the Australian Privacy Principles (APP), found in Schedule 1 of the Privacy Act 1988 (Cth), impose restrictions on organisations and individuals, like strata managers, in relation to the collection, use and disclosure of personal information. In...

Storm Clouds Gather for Owners Corporations [ACT version]

by Chris | Oct 14, 2014 | ACT, Building Defects, Legal Alert

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in the ACT. The case involved a long-running dispute between the...

Storm Clouds Gather for Owners Corporations [NSW version]

by Chris | Oct 14, 2014 | Building Defects, Legal Alert, NSW

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in New South Wales. The case involved a long-running dispute...

NCAT Applications: Exclusive use by-laws, the interests of all owners, rights and reasonable expectations

by Allison | Oct 13, 2014 | By-Laws, Legal Alert, NSW

Do you want to renovate your unit but your proposed exclusive use by-law has been refused by the Owners Corporation? Or, do you believe that the terms of a works by-law that has been made are unreasonable? In either case you may be able to make an application to the...

Case Note: Failure to Maintain Common Property – Was the Owners Corporation Responsible for the Unit Owner’s Losses?

by Allison | Oct 13, 2014 | ACT, Case Review, Strata Disputes

For most of us our homes are our castles. Given the emotional and financial stresses associated with them it is understandable that when there is a problem such as water penetration, a unit owner wants someone else to be responsible for any financial loss caused. In a...

Attention to Detail: The Importance of Compliance when Issuing Creditor’s Statutory Demands

by Allison | Oct 10, 2014 | Case Review, Levies, NSW

The recent cases of Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 (Kisimul) and In the Matter of EGE Foods Australia Pty Ltd [2014] NSWSC 983 (EGE Foods) serve to emphasise the importance of compliance with legislative requirements when issuing...

High Court Decision Bad News for Apartment Owners

by Chris | Oct 9, 2014 | ACT, Building Defects, Building Defects, NSW

Click to read the article – High Court Decision Bad News for Apartment Owners

Cracking Phoenix Eggs

by Chris | Oct 7, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Uncategorized

It has been reported that the Australian Securities and Investments Commission, Australian Tax Office and Fair Work Building and Construction have recently begun cooperating to crack down on builders liquidating their companies to avoid repaying creditors including...

Case Note: How to count the numbers – Voting Requirements in Units Plans

by Allison | Sep 1, 2014 | ACT, Case Review, Strata Disputes

Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the...

Case Note: Are you obliged to allow the original builder to repair building defects? Not always

by Allison | Aug 31, 2014 | Building Defects, Case Review, NSW

In a win for Owners Corporations (and home owners) in NSW, a recent Supreme Court decision has validated the right of the Owners Corporation, in certain circumstances, to refuse an offer by the original builder to conduct remedial work where there are agreed building...
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Recent News & Publications

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  • Residential Strata Insurance Policies

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