Others Claiming or Using Your Land: Encroachments & Adverse Possession Claims

With the increasing cost and reducing size of city residential properties, exactly what land is owned by you is becoming a far greater issue.

What`s Holding You Up? Neighbouring Excavations: The Right to Support

Sydney’s Geology

Starting 300 million years ago, a swamp forest started to subside, forming what we now known as the Sydney Basin. Then a river, 5 times bigger than the Amazon, with its origins south-west of Broken Hill,  ground down a mountain range in Antarctica (which was then attached to the Australian continent) depositing silica sands into the basin, later to become the region’s most noted geological characteristic, sandstone.

Security of Payment - Changes to Legislation: What Strata Managers Need to Know

With media reports of record insolvency levels in the constructions industry, the NSW Government has moved to tighten up the ability of Security of Payment legislation to improve cash flow and payment terms within the industry.

Embedded Networks - Government Action Required

Embedded networks, in a strata context, involve installation, during the construction phase, of infrastructure required for delivery of various utilities and services, which is owned by a third party, rather than the owners corporation. Typically, this involves electricity, but other services can be involved, e.g. solar electricity or heating, gas, heating, air conditioning, potable water, hot water, chilled water for cooling, telephone, internet access, storm water and waste removal systems.

Short-Term Lettings: Will the Proposed Reform Help You?

The NSW Government has released draft documents shedding some light on how the new legislation regulating short term lettings will work in practice. However, they pose as many questions as they answer. Further, the documents are currently being exhibited for public feedback and changes are likely.

Operating a Social Media Platform? Are you at Risk of Defamation Proceedings?

Any business with a Facebook, Twitter or other social media presence should be concerned about a recent Supreme Court decision, Voller v Nationwide News Pty Limited [2019] NSWSC 766, which in essence found that media organisations published comments by third parties made on their websites or pages on social media platforms, even if they were unaware of them and hence could be liable for them if they were defamatory. There is likely to be an appeal, but many experts doubt that the decision will be overturned.

Building Defects: Which Government was Responsible for the Defects Crisis?

A letter from Bannermans Laywers to Building Stronger Foundations Consultation Department of Finance, Services and Innovation 

Is an Argument Between Neighbours Worth $120,000?

The decision of Raynor v Murray [2019] NSWDC 189 which was decided in the District Court of the NSW in May has landed a resident in a strata building an order for $120,000 in damages, confirming the law of defamation can be applied to strata disputes.

The Ultimate Guide on Pre-Purchase Strata Inspection Reports - What You Need to Know!

If you are intending to purchase a strata unit, you should obtain a strata inspection report before exchange or during the initial period. The report should provide you with important information that will assist in your decision to purchase the property.

NSW Planning Letter - Issues Concerning Embedded Networks in Strata Schemes

A letter from Bannermans Lawyers to NSW Planning

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