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Category: NCAT and Court Proceedings

If you just stand by and watch the NCAT Proceedings – You can’t appeal later on

Strata, NCAT and Court Proceedings

Posted 08 February 2023

The Appeal Panel in the matter of The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9 considered an appeal regarding an order made an order to appoint a strata managing agent to exercise the fu…

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Preventing Pesky Parking = $ for the Owners Corporation

Strata, By-Laws, NCAT and Court Proceedings

Posted 16 July 2022

Pesky parking practices by owners and occupiers can be a nightmare for strata schemes. However, this source of stress can be translated into a source of revenue for a savvy owners corporation.…

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NCAT’s Dispute Resolution Power – How far does it go?

Strata, NCAT and Court Proceedings

Posted 30 November 2020

Section 232 of the Strata Schemes Management Act 2015 (“SSMA”) Section 232 provides the NSW Civil & Administrative Tribunal (“NCAT”) with a general dispute resolution power. On its face, th…

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Urgent or Emergency = Interim Orders in NCAT

Strata, NCAT and Court Proceedings

Posted 11 June 2019

If a matter is urgent and time sensitive, an applicant can seek urgent interim orders in the NSW Civil and Administrative Tribunal (the Tribunal). Key to any interim application is establishing urgen…

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Disputes involving Residents outside NSW – Does NCAT have jurisdiction

Strata, NCAT and Court Proceedings

Posted 21 June 2018

A recent High Court case, Burns v Corbett [2018] HCA 15, has cast doubt on the scope of the jurisdiction of the NSW Civil and Administrative Tribunal (“NCAT”) and other tribunals to hear disputes …

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Last gasp for Smokers

Strata, NCAT and Court Proceedings, eBooks

Posted 31 January 2018

Smoking is one of the major sources of disputes in strata schemes. It can cause numerous problems for strata schemes, potentially undermining the amenity of the building, increasing common property re…

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Neighbours come in all shapes and sizes and so do your common boundary disputes

Strata, NCAT and Court Proceedings

Posted 17 May 2017

All properties have boundaries and inevitably, at some time or another you may be faced with a dispute arising over your boundary line or the structures contained thereon. …

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Democracy Rules, Ok? Well, not quite: Strata Managers and Section 237 Appointments

Strata, Management Agreements, NCAT and Court Proceedings, Strata Reform

Posted 28 October 2016

In a democracy, majority rules even if those decisions are bad. If you are in the minority, there is not much you can do until the next election (or annual general meeting) at which time you may try t…

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