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…
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Sachs Gerace Lawyers work to resolve matters before they go to court. Parking Information
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…
The New South Wales Civil and Administrative Tribunal has recently published a guideline to inform the public regarding the steps that should be followed if a party wishes to appeal…
As Sydney house prices are expected to rise 20 per cent over the next two years, pushing the median house price well above $1 million by June 2017, according to the…
We know that Strata schemes are effectively small communities where the activities and attitudes of residents can play a major role in the harmonious nature, or otherwise of the environment….
The Australian Securities & Investments Commission [“ASIC”] and the Australian Taxation Office [“ATO”] regularly investigate “phoenix transactions”. Illegal phoenix activity refers to the deliberate liquidation of a business entity following…
It started with a leak, just a little water on a hallway floor. That led to questions about bathtub installation, then sprinkler issues and finally allegations of improper fireproofing. Now,…
Possibly one of the biggest things that causes a lot of angst in the people living in a strata complex is when others either residing or visiting, do things that…
The role of a Strata Manager isn’t for the faint-hearted. With growing complexity, particularly in respect to both the legislative and regulatory requirements, there is that ever present risk for…
Some owners prefer not to “rock the boat” or worry about “red tap” and therefore fail to request a by-law and approval at an owners corporation meeting. Executive committees often…
You have probably heard of the term mediation. While it has been an effective practice for many years in resolving disputes these days it is of course a prerequisite to…
Many people are opting to live in apartment or high-rise accommodation and, invariably, it’s the case that issues have a tendency to arise given the close proximity of the person…