by Allison | Mar 3, 2025 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News
Parties in court proceedings are expected, in keeping with the overriding purpose in section 56 of the Civil Procedure Act 2005 (NSW), “to facilitate the just, quick and cheap resolution of the real issues in the proceedings.” Our Matthew and Sophie recently wrote an...
by Allison | Sep 13, 2022 | BCA Compliance, Building Defects, News & Publications, NSW
Background Facts The Owners- Strata Plan No 92450 (owners corporation) commenced proceedings against the developer (JKN Para 1 Pty Ltd) (JKN) and builder (Toplace Pty Ltd) (Toplace) regarding, amongst other defects, what it alleged to be combustible aluminium...
by Chris | Aug 8, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations. The...
by Chris | Aug 8, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...
