On 20 September 2017, the NSW Court of Appeal held that the Strata Schemes Management Act 1996 (NSW) (and, presumably, the 2015 Act) does not exclude a lot owner from seeking damages…
Parking Information
On 20 September 2017, the NSW Court of Appeal held that the Strata Schemes Management Act 1996 (NSW) (and, presumably, the 2015 Act) does not exclude a lot owner from seeking damages…
You may have seen in the news recently that the Grenfell tower in London suddenly caught fire, killing, injuring, and leaving homeless, a shocking number of people. The devastating nature…
In Simcevski v Dixon (No.2), the Victorian Supreme Court dealt with two common issues that arise in the sale and purchase of land. It is common for a purchaser to…
Bankruptcy looks set to be reduced from three years to one year, with the second reading in the Senate on 19 October 2017. While a Bankruptcy Trustee may still extend the…
Our good friends, Robert Angyal SC and Professor Brendan Edgeworth, are the new editors of the Conveyancing and Property Section of the Australian Law Journal. In the current issue of…
If you are a tenant, owner, or property manager in New South Wales, it is important to know your rights and responsibilities. A recent decision from the NSW Court of…
In Owners Strata Plan 64415 v Serman, the Supreme Court of New South Wales considered whether, and in what circumstances, an Owners Corporation can be ordered to give security for…
Owners Corporations often have to wrestle with the possibility that the builder and developer are unable to pay to rectify defects. They are inevitably not insured. If the building is…
The recent NSW Supreme Court judgment of Stevenson J in In the matter of Edgecliff Car Rentals Pty Ltd (Deregistered) [2017] NSWSC 244 serves as a reminder to practitioners to very carefully…
More than 3 Million people live in a unit (lot) in a building, either as the owner or a tenant, that is part of a strata scheme. Each strata scheme has…
In The Owners SP 76841 v. Ceerose Pty Ltd, the Supreme Court recently refused an Owners Corporation’s application to amend its claim to add a substantial defect that had not…
The evolution of digital sharing has transformed the global economy and its proliferation has grown with enormous speed. With the ultimate demise of timeshare, short-term letting is the new fashion. However, short-term letting…
The rise of AirBNB has imposed some interesting challenges for those who own, reside or manage a strata scheme. In this podcast, David Sachs of Sachs Gerace Lawyers reflects on a recent…
In November this year, a whole raft of new strata legislation is coming into place in New South Wales. We spoke specifically about how these changes will impact executive committees…
After some hesitation, it appears that the Strata Schemes Management Act 2015, the Strata Schemes Management Regulation 2016, the Strata Schemes Development Act 2015 and the Strata Schemes Development Regulation…
If you’re a builder in New South Wales, you have probably noticed that the Department of Fair Trading have significantly increased their capacity of investigating and disciplining builders who they deem…
An abandoned house, a missing owner, a mysterious squatter and an archaic law all add up to a puzzle that could lead to a young banker taking ownership of a…
The Owners – Strata Plan 74602 v Eastmark Holdings Pty Ltd; Eastmark Holdings Pty Ltd v The Owners – Strata Plan 74602 [2015] NSWSC 1981 Decision date: 24 December 2015…
Chan v Acres [2015] NSWSC 1885 Decision date: 11 December 2015 The Supreme Court of NSW recently found Ku-ring-gai Council, in its role as a Principal Certifying Authority, had acted…
On 17 November 2015, the Conveyancing Amendment (Sunset Clauses) Act 2015 commenced, with retrospective effect. The Act applies to contracts to purchase a residential lot off the plan, i.e., before construction or…