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…
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Sachs Gerace Lawyers work to resolve matters before they go to court. Parking Information
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…
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…