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To clamp, or not to clamp, that is the question: Who does a wheel clamping by-law apply to?

by Allison | Aug 11, 2015 | By-Laws, News & Publications, NSW, Recent News

Importantly, by-laws do not bind visitors to the scheme. This means that any by-law regarding visitor parking spaces and parking on common property can only be enforced against a lot owner, occupier, mortgagee or covenant chargee or any lessee or sublessee of any lot...

Smoking and strata schemes: What is the effect of the recent amendments to the Smoke-free Environment Act 2000?

by Allison | Aug 11, 2015 | NSW, Recent News, Strata Disputes

In a win for mixed use strata schemes, the NSW Government’s amendments to the Smoke-free Environment Act 2000 (NSW) mean that smoking is now banned: In all commercial outdoor eating areas; and Within a place that is within 4 metres of a pedestrian access point to a...

New Supreme Court Equity List for Strata Disputes

by Allison | Jun 13, 2015 | NSW, Recent News, Strata Disputes

As of 1 June 2015 the NSW Supreme Court will have a specialist Equity Division list for Real Property matters. Importantly, the Real Property List will include claims in relation to the legislation regulating the creation and management of strata and community title...

Case Note: Expert Evidence: Can an expert make a compromise?

by Allison | May 31, 2015 | ACT, Building Defects, Building Defects, NSW, Recent News, Strata Disputes, Strata Disputes

The Uniform Civil Procedure Rules 2005 (NSW) authorise the referral of certain matters in litigated proceedings to an independent referee. The referee’s determination of the referred matters can then be adopted or rejected by the court. The importance of expert...

Recovering legal costs in levy recovery actions in the ACT: Good news for owners corporations

by Allison | Apr 26, 2015 | ACT, Levies, Uncategorized

Section 31 of the Unit Titles (Management) Act 2011 (ACT) (the Act) enables an owners corporation to recover expenses from a lot owner if such expenses relate to work conducted by the owners corporation because of a wilful or negligent act or omission by an owner or...
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Recent News & Publications

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  • The Creeping Boundaries of Common Property 

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