Clarification from the Appeal Panel on loss of rent claims in strata schemes

A decision handed down by the Appeal Panel recently finally puts to rest the ongoing uncertainty regarding NCAT’s jurisdiction to make orders compensating lot owners for loss arising due to an owners corporation failure to maintain or repair the common property. The recent decision overturns two previous decisions of the Appeal Panel and confirms that

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Retaining walls and boundary fences, where does the court draw the line?

It is not uncommon for disputes to arise between neighbours in relation to an issue occurring at the boundary line of their properties. One such type of dispute which often arises concerns who is liable to pay for a retaining wall or fencing work. The case of Nham & anor v Hayes & anor [2018]

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Negotiating a construction contract – What type of contract should I use?

Standard form contracts are the best starting point to negotiating a construction contract. They are used commonly throughout New South Wales, are tried and tested, have often been the subject of judicial review and therefore set an initial common ground upon which the parties can build upon (excuse the pun) by adding special conditions, instruments

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