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…
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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 approved by the Parliament on…
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 Court also held that…
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 claim was made against…
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…
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…
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…
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…
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…
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…
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…
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,…
On 9 April 2015, the Land and Environment Court has made a ruling that could have significant implications for apartment sizes in NSW. In Botany City Council v Botany Developments…