With a number of apartment buildings in NSW reported to have defects, owners corporations may be concerned about whether their apartment building has defects and what they can do about…
In the recent case of The Owners – Strata Plan 87265 v Saaib, the Supreme Court of NSW has taken a different approach as to whether owners corporations who have…
In a recent District Court case, a lot owner was ordered to pay $90,000 in general damages, plus a further $30,000 for aggravated damages, for comments made in an email…
In a matter that has been reported widely, residents of an Erskineville Apartment complex are vowing to fight a ban on some children being banned from using the pool. The…
The case of Titus v Eddington [2019] NSWCAT CCD is a salient reminder of how the Tribunal deals with applications to adjust unit entitlements and the importance of dealing with…
Most decisions in strata cases are delivered by the Civil and Administrative Tribunal, either by a member of the Consumer and Commercial Division or the Appeal Panel. From time to…
The Appeal Panel of the Civil and Administrative Tribunal of New South Wales in Endre v The Owners – Strata Plan No. 17771 [2019] NSWCATAP 93 has made a work…
As the old saying goes, familiarity breeds contempt, especially in strata complexes. According to the Strata Community Association, strata complexes are a popular choice for investors. The majority of all…
The Strata Schemes Management Act 2015 (NSW) places a strict duty on owners corporations to maintain and repair common property. Not only does an owners corporation have a duty to…
In this podcast, David Sachs, Principal at Sachs Gerace Lawyers, answers questions in relation to common property in Strata. Speaker 1: Need help with a strata law issue? Or a building…
In this podcast, David Sachs from Sachs Gerace Lawyers explains the different options on how to resolve a strata dispute. Speaker 1: Need help with a strata law issue, or a…
Section 60 of the Civil and Administrative Tribunal Act (the Act) deals with costs in proceedings before the Tribunal. The usual rule is that each party should pay its own…
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…
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 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…
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…
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…
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