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...
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...
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...
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...
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...
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...
by Chris | Oct 9, 2014 | ACT, Building Defects, Building Defects, NSW
Click to read the article – High Court Decision Bad News for Apartment Owners
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...
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...
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...