“No Trespassing” – What happens when access to adjoining land is required for construction work
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…
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
Clarification from the Appeal Panel on loss of rent claims in strata schemes Read More
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
Retaining walls and boundary fences, where does the court draw the line? Read More
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,
Negotiating a construction contract – What type of contract should I use? Read More
A case summary, mistake in building contract and building defects
A short case note concerning some fundamental issues in preparing building contracts and liability for building defects.
A case summary, mistake in building contract and building defects Read More
Major, or non-major, that is the question
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.
How loud is too loud? What evidence is required to prove noise is affecting your strata unit
It is especially important to understand the nature and extent of the evidence which is required at an early stage.
Strata building defects – What documents are needed to start the recovery process?
When defects start to appear in a building one of the first steps is to obtain as many relevant documents as possible.
Strata building defects – What documents are needed to start the recovery process? Read More
Beware of these two types of building defects in strata buildings
Systemic and recurring defects are quite common in residential strata buildings due to the repetitive nature of the work.
Beware of these two types of building defects in strata buildings Read More
Owners corporation not liable for loss of rent
Owners corporation successfully defends a claim for loss of rent by taking action against the builder responsible for defects.