A recent decision from the Tribunal has provided some interesting insight into a lot owner obtaining an order against another lot owner in relation to breach of the by-laws resulting
We have been featured in the June edition of The NSW Strata Magazine, published by @LookUpStrata. You can view our content, along with other relevant NSW content in this edition on
Questions in relation to the ownership and use of car spaces, visitor parking spaces and storage spaces in residential strata scheme arise regularly and disputes do commonly occur in relation
I prepared this article in response to enquiries from lot owners who have filed an application in the NSW Civil and Administrative Tribunal seeking repairs to common property and have
In this article we look at the Tribunal’s decision in the case of Nikitopoulos v The Owners – Strata Plan No 52311 [2023] NSWCATCD 83 in relation to a by-law
On 4 October 2024, the Supreme Court, Court of Appeal, handed down its decision in the case of Drummond v Gordian Runoff Limited ACN 052 179 647 [2024] NSWCA 239.
In this Strata Mediation Guide, you will learn about the mediation process, the necessary preparations to ensure a smooth experience, and examples of common issues that can be effectively resolved
Lot owner denied claim for unreasonable refusal of by-law
Variations and provisional sums are some of the most common causes of disputes arising under the BC4 contract.
Recovery of legal costs and expert witness fees incurred in the NSW Civil and Administrative Tribunal
Lot owner ordered to remove unauthorised work undertaken by previous owner
By permitting the building work to progress, the certifier is a cause of the defects.
Notification under the Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 to obtain an occupation certificate.
Trespass to land is the unauthorised entry into another person’s land. It may take place below the surface of the ground or it may extend…
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
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
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
A short case note concerning some fundamental issues in preparing building contracts and liability for building defects.
A look into how the courts, and NCAT, determine whether a defect is a major defect or a non-major defect under the Home Building Act 1989.
It is especially important to understand the nature and extent of the evidence which is required at an early stage.
When defects start to appear in a building one of the first steps is to obtain as many relevant documents as possible.
Systemic and recurring defects are quite common in residential strata buildings due to the repetitive nature of the work.
Owners corporation successfully defends a claim for loss of rent by taking action against the builder responsible for defects.
In a recent case the Tribunal found that it was unreasonable for an owners corporation not to approve a lot owners by-law.
High Court judgment in the case of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 imposes limitations on claims for quantum meruit.
You’re a property developer faced with two unfavourable options, which way do you go?
Changes to the Building and Construction Industry Security of Payment Act 1999 came into effect from 21 October 2019.
Insight into the circumstances which may lead to the Tribunal making orders for the appointment of
A step-by-step guide for both contractors and owners.
Have you inadvertently undertaken renovation work to your strata unit without obtaining approval? Read on to find out what to do.
