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Case Note – RILEY v THE OWNERS CORPORATION UNITS PLAN 706 (Unit Titles) [2018] ACAT 99

by Chris | Jul 4, 2021 | ACT, Case Review, News & Publications, Strata Disputes

The applicant in these proceedings owned and resided in unit 13 of Units Plan 706 which is located on the side of a hill and consists of 13 townhouses each with its own driveway and garage. As Unit 13 is situated towards the bottom of that hill, when it rains heavily...

Case Note – KIRK v THE OWNERS – UNITS PLAN NO 2992 (Unit Titles) [2017] ACAT 102

by Chris | Jul 1, 2021 | ACT, Case Review, News & Publications, Strata Disputes

The applicant was the owner and occupier of unit 3 in Units Plan 2292. In May 2013, the applicant notified the owners corporation of water ingress into the unit from the balcony, which was caused by inadequate waterproofing in the external wall (which formed common...

Case Note – GARCIA v THE OWNERS – UNITS PLAN 10 (Unit Titles) [2017] ACAT 91

by Chris | Jul 1, 2021 | ACT, Case Review, News & Publications, Strata Disputes

The applicant is the owner of a unit in Units Plan 10. In August 2014, the property manager of the applicant notified the respondent of a leak outside the kitchen of the applicant’s unit. The respondent then engaged plumbers to investigate the problem to remedy it and...

Levy Recovery Update: Statutory Demand & Bankruptcy Thresholds

by Allison | Jun 8, 2021 | News & Publications, NSW, Recent News

Statutory Demands An amendment to the Corporations Regulations 2001 (Cth) will enact a change to the minimum amount for a statutory demand from 1 July 2021, increasing the current statutory minimum of $2,000 to $4,000 to reflect the impact of inflation. This change...

Expert Evidence In NCAT Proceedings – Must My Expert Comply With Procedural Direction 3?

by Allison | Jun 8, 2021 | News & Publications, NSW, Recent News, Strata Disputes

Whether or not an expert is required to comply with the NSW Civil and Administrative Tribunal’s (NCAT) Procedural Direction 3 setting out the expert’s code of conduct was considered in McGrath v The Owners – Strata Plan No 13631 [2021] NSWCATAP 167. Background Mr...

Sustainability Infrastructure In Strata Schemes – The Good And The Bad

by Allison | Jun 8, 2021 | News & Publications, NSW, Recent News

The Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 was passed on 16 February 2021 and received assent on 24 February 2021, thereafter becoming the Strata Schemes Amendment (Sustainability Infrastructure) Act 2021. The new provisions on...
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