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Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?

by Allison | Jun 14, 2022 | Levies, NSW, Strata Disputes

Although only a local court assessor’s matter, the case of The Owners – Strata Plan No 52098 v Khalil [2014] NSWLC 2 stands for not putting legal costs onto a lot’s ledger until they have been either the subject of a costs order in the Tribunal or a court....

Why it is important to Pay your Strata Levies on Time: Consequences for Late or Non-Payment

by Allison | Nov 18, 2020 | Case Review, Fact Sheets, Levies, News & Publications, NSW, Rules, Strata Disputes

All owners of a lot in a strata scheme must pay contributions levied on them in accordance with the schedule determined at the annual general meeting of the owners corporation for that year (and any special contributions determined during the year). Usually, the...

Attention to Detail: The Importance of Compliance when Issuing Creditor’s Statutory Demands

by Allison | Oct 10, 2014 | Case Review, Levies, NSW

The recent cases of Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 (Kisimul) and In the Matter of EGE Foods Australia Pty Ltd [2014] NSWSC 983 (EGE Foods) serve to emphasise the importance of compliance with legislative requirements when issuing...

Debt Collectors v Lawyers – When is it time to call in the Legal Professionals?

by Allison | Aug 26, 2014 | ACT, Legal Alert, Levies, Levies, NSW

When seeking to recover unpaid strata levies, it is natural for Owners Corporations to want a fast result with as little money spent as possible. For this reason, many may shy away from enlisting the assistance of lawyers, fearing excessive legal fees will result in...

Using Bankruptcy Proceedings in Levy Recovery: What happens if the debtor pays down the debt?

by Allison | Jul 21, 2014 | ACT, Legal Alert, Levies, Levies, NSW

Once judgment has been granted in a levy recovery matter the Owners Corporation should seriously consider applying for the issue of a bankruptcy notice. When is a bankruptcy notice possible? To obtain a bankruptcy notice in levy recovery matters the judgment debt must...
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Recent News & Publications

  • New Dispute Resolution Scheme under the Building Act 2004
  • Spedding v The Owners – Units Plan 3941 (Unit Titles) [2022] ACAT 49
  • What Is An Unreasonable Reason To Refuse To Make A By-Law?
  • Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?
  • Henry Kazar v Italian & Continental Bakery Pty Ltd & Anor [2008] ACTSC 9 (8 February 2008)

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