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Lemmon v Body Corporate Units Plan 37 CS 20829 of 2002 – Small Claims Court of ACT Magistrates Court

by Chris | Jul 25, 2022 | ACT, Case Review, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized

In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to...

What happened when a Building was Damaged from the Excavations next Door?

by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes

Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land.  The building works involved extensive excavations, a retaining and a shoring wall...

Kerin Benson Lawyers have provided their submissions in response to the Building Stronger Foundations Discussion Paper

by Chris | Jul 30, 2019 | BCA Compliance, Building Defects, News & Publications, NSW, Recent News

In February 2019 the NSW Government released their response to the Shergold Weir Building Confidence Report. This was followed by the NSW Government’s Building Stronger Foundations Discussion Paper in June 2019. The public was invited to provide the NSW Government...

Newly Re-Elected NSW Government Building Standards Announcement

by Chris | Mar 27, 2019 | BCA Compliance, Building Defects, Building Defects, Legal Alert, News & Publications, NSW, Recent News

NSW Government – building standards update The newly re-elected Berejiklian Government has announced its plan in response to the Building Confidence Report commissioned by the Building Ministers’ Forum in August 2017. The independent expert review by Professor Peter...

Case Note: Can a lot owner claim for damages in equity & negligence arising from a breach of Section 62 after Thoo & Brookfield-Multiplex?

by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes

Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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