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Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101

by Chris | May 9, 2022 | Uncategorised

This case followed the decision in the previous Brudenall case, The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64. It arose as a cross-application for a merits review was filed in the above proceedings but ultimately was heard as...

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...

What is a Scott Schedule & Why are they Used?

by Allison | Jan 14, 2021 | Building Defects, Fact Sheets, News & Publications, NSW, Strata Disputes

Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...

When is a Strata Scheme Not Functioning Satisfactorily for the Purposes of Appointing a Compulsory Strata Manager?

by Allison | Jan 11, 2021 | News & Publications, NSW, Recent News, Strata Disputes

This question was answered in The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 which concerned an appeal from a decision made in the Tribunal where orders were made appointing a compulsory strata manager pursuant to s 237(1) of the Strata Schemes...

Tribunal Powers to Determine Applications under the Home Building Act 1989 (NSW) despite Non-compliance with Section 48J of the HBA

by Allison | Jan 11, 2021 | Building Defects, News & Publications, NSW, Strata Disputes

One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...
« Older Entries

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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