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…
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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…
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…
In Owners Strata Plan 64415 v Serman, the Supreme Court of New South Wales considered whether, and in what circumstances, an Owners Corporation can be ordered to give security for…
More than 3 Million people live in a unit (lot) in a building, either as the owner or a tenant, that is part of a strata scheme. Each strata scheme has…
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…
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…
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…