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...
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...
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...
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...
The Owners – Strata Plan 74602 v Eastmark Holdings Pty Ltd; Eastmark Holdings Pty Ltd v The Owners – Strata Plan 74602 [2015] NSWSC 1981 Decision...
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,...
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...
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...
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...
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...
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...
Decision: 30 December 2013 In The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002, Rothman J of the Supreme Court agreed with the Local Court...
Decision: 31 July 2014 In Xabregas v The Owners – Strata Plan No 79205; Moallem v Consumer Trader & Tenancy Tribunal (No 2), White J made...
Decision: 11 August 2014 Did you know that an owners corporation has a duty to notify a builder of defects and allow them reasonable access for...
Decision: 5 November 2014 The recent Supreme Court decision of McDougall J has emphasised the importance of strict compliance with the procedural requirements of the Building and...
Decision: 28 November 2014 On 28 November 2014, Darke J decided a Notice of Motion application filed by the Defendant in Cavasinni Constructions Pty Ltd v New...
Decision: 5 December 2014 Did you know that an owners corporation is required to reinstate any common property which has been removed or altered without authorisation?...
Decision 5 December 2014 The Court of Appeal decided an appeal from the Supreme Court decision in The Owners Corporation SP No 70798 v Bakkante Constructions...
Upcoming amendments to the Home Building Act 1989 (NSW) confirm the duty for owners to mitigate loss in statute. Under the new section 18BA, an...