The case of Titus v Eddington [2019] NSWCAT CCD is a salient reminder of how the Tribunal deals with applications to adjust unit entitlements and the importance of dealing with…
Parking Information
The case of Titus v Eddington [2019] NSWCAT CCD is a salient reminder of how the Tribunal deals with applications to adjust unit entitlements and the importance of dealing with…
Most decisions in strata cases are delivered by the Civil and Administrative Tribunal, either by a member of the Consumer and Commercial Division or the Appeal Panel. From time to…
The Appeal Panel of the Civil and Administrative Tribunal of New South Wales in Endre v The Owners – Strata Plan No. 17771 [2019] NSWCATAP 93 has made a work…
As the old saying goes, familiarity breeds contempt, especially in strata complexes. According to the Strata Community Association, strata complexes are a popular choice for investors. The majority of all…
There is an implied undertaking to the Court (or Tribunal) that documents obtained as a result of the compulsory processes of a court or tribunal will only be used for…
Sachs Gerace Lawyers, acting for an Owners Corporation, successfully obtained an order for costs against a lot owner who had appealed against a decision of a Senior Member of the…
The Strata Schemes Management Act 2015 (NSW) places a strict duty on owners corporations to maintain and repair common property. Not only does an owners corporation have a duty to…
In this podcast, David Sachs, Principal at Sachs Gerace Lawyers, answers questions in relation to common property in Strata. Speaker 1: Need help with a strata law issue? Or a building…
In this podcast, David Sachs from Sachs Gerace Lawyers explains the different options on how to resolve a strata dispute. Speaker 1: Need help with a strata law issue, or a…
Section 60 of the Civil and Administrative Tribunal Act (the Act) deals with costs in proceedings before the Tribunal. The usual rule is that each party should pay its own…
Section 220 of the Strata Schemes Management Act 2015 states: “a party to a dispute is not entitled to be represented by another person at a mediation session under this…
Common Property is defined in the Strata Schemes Development Act 2015 as: “common property, in relation to a strata scheme or a proposed strata scheme, means any part of a…
In the recent decision of Clements v Murphy, the Appeal Panel of the NSW Civil and Administrative Tribunal considered whether section 48MA of the Home Building Act 1989 covers the…
In EB 9 & 10 Pty Ltd v The Owners SP 934, the Supreme Court of New South Wales considered whether it should make a declaration to effectively determine a…
If you are successful in legal proceedings at the NSW Civil and Administrative Tribunal, you should keep in mind that you may be able to get some or all of…
Environmental Planning and Assessment Act The largest number of changes to the Environmental Planning and Assessment Act in almost 40 years will be implemented in early 2018. The Bill was…
Security of Payments Act The High Court held that adjudication determinations made under security of payment legislation are not subject to judicial review for “non-jurisdictional” errors of law. The High…
On 1 July 2016, tax legislation came into force which requires, in certain circumstances, a purchaser to pay a percentage of the purchase price of real property to the ATO….
Responsibility Architect Design Budget Foster + Partners is facing a £3.6m bill following a High Court ruling on a Heathrow hotel scheme it worked on almost a decade ago. A…
Janney & Ors v Steller Works Pty Ltd [2017] VSC 363 is an important decision for developers concerning the extent of a landowner’s right to possession of airspace over their…