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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...

Wild Weather and Damage: The Owners Corporation’s Duty to Maintain and Repair the Common Property

by Chris | Jun 12, 2015 | ACT, NSW, Recent News, Strata Disputes, Strata Disputes

With the gale force winds and torrential rain that has been hitting our shores in recent times, this is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged. Owners Corporations An owners...

Drips, Drizzle or Deluge? Powers of an Owners Corporation to Enter Lot Property (incl. Emergency Powers)

by Chris | Jun 12, 2015 | ACT, NSW, Recent News, Strata Disputes, Strata Disputes

What many lot owners don’t realise when they buy into a strata scheme is that in some situations, including in an emergency, an Owners Corporation, can force entry. What does this mean? It means that even though you (or your tenant) may not be home or, if access to...

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...

When being unreasonable isn’t enough: NCAT’s discretion in the reallocation of unit entitlements

by Allison | Mar 26, 2015 | Case Review, NSW, Strata Disputes

Section 183(1) of the Strata Schemes Management Act 1996 (NSW) (the Act) confers a discretion on NSW Civil and Administrative Tribunal to reallocate unit entitlements when the original allocation is found to be unreasonable. The recent case of Rita Sahade v The Owners...
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