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Successful litigant but still liable for costs? What! How the Strata Schemes Management Act makes litigants liable

by Allison | Nov 25, 2019 | News & Publications, NSW, Strata Disputes, Strata Disputes

Owners Corporations and lot owners considering taking legal action against one another should carefully consider the jurisdiction in which they commence proceedings. For most matters the NSW Civil and Administrative Tribunal (NCAT) will be the appropriate jurisdiction...

What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time?

by Allison | Sep 16, 2019 | Case Review, Legal Alert, News & Publications, NSW, Strata Disputes, Strata Disputes

A by-law for a strata scheme can only be made, amended or repealed if it is passed by special resolution at a properly convened general meeting. Once the by-law has been passed, it must be registered at the NSW Land Registry Services within six months. Under the...

Levies: can contributions be varied?

by Allison | Sep 15, 2019 | Levies, Levies, News & Publications, NSW, Strata Disputes, Strata Disputes

The short answer is yes, but only in extremely limited circumstances, and in practice, it is difficult and highly unusual. Contributions must be in accordance with unit entitlement Each year an owners corporation prepares a budget in anticipation of the funds they...

“Cracking up” a report by Four Corners on Australia’s Building Crisis

by Allison | Aug 20, 2019 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, News & Publications, NSW, Strata Disputes, Strata Disputes, Uncategorised

A detailed report that highlights the issues of lot owners, strata lawyers, academics, building consultants, engineers and certifiers featuring our own Christopher Kerin. Watch it on iview here: https://www.abc.net.au/4corners/cracking-up/11428900

Is it a repair or an alteration or improvement? A recent case update

by Allison | Jul 29, 2019 | Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes, Strata Disputes

On 16 April 2019, the Supreme Court of New South Wales handed down its decision in the matter of Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425. The case largely concerned whether proposed works to common property amounted to repairs, replacement or...

Defamation and owners corporations: be careful in your communications

by Allison | Jul 29, 2019 | Case Review, News & Publications, NSW, Recent News, Strata Disputes, Strata Disputes

In Raynor v Murray [2019] NSWDC 189 the New South Wales District Court has held that remarks sent in an email to the chairperson of an owners corporation that copied in all owners and occupiers within the scheme were defamatory. The case came about after the owners...
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Recent News & Publications

  • LJS Article – The Bulldog And The By-Law
  • NSW: Change Is Coming! The Strata Managing Agents Legislation Amendment Bill 2024
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  • The Creeping Boundaries of Common Property 

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