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…
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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…
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 that a levy was…
Decision: 31 July 2014 In Xabregas v The Owners – Strata Plan No 79205; Moallem v Consumer Trader & Tenancy Tribunal (No 2), White J made a personal costs order…
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 repairs? In The Owners…
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 Construction Industry Security of…
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 South Wales Land and…
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? On 5 December 2014,…
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 Pty Limited (No 2)…
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 owner: must make reasonable efforts…
Sachs Gerace Broome Lawyers work to resolve matters before they go to court.