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A New Duty of Care: Game Changing Protection for Property Owners

Building Defects

Posted 28 November 2020

A Response to Notoriously Defective Buildings The Design and Building Practitioners Act 2020 (NSW) is the major legislative response to public concerns regarding defective buildings in New South Wa…

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

Strata, NCAT and Court Proceedings

Posted 28 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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Pet Owners in Strata Celebrate! Court of Appeal Invalidates No Pets By-Law

Strata, By-Laws

Posted 09 October 2020

Update on ‘No Pets’ by-laws in Strata – The Miniature Schnauzer that Roared The issue of pets in strata schemes has always been a controversial and fiercely contested issue.…

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Taxation of Strata Schemes – What is TR 2015/3?

Strata

Posted 07 September 2020

The ATO has clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, issuing taxation ruling TR 2015/3. TR 2015/3 repla…

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Should a Builder be given an opportunity to rectify its own defective work?

Building Defects

Posted 06 September 2020

In a recent case, Ippolito v Cesco [2020] NSWSC 561 (“Cesco”), the Supreme Court shed further light on this question.…

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Builder gone bust? Making the most of the Home Warranty Insurance?

Building Defects

Posted 26 August 2020

When faced with defective residential building works and a builder unable to satisfy a claim, focus will obviously shift to home owner warranty insurance. However, having been intended as a last re…

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What do I own and what is Common Property?

Strata, Renovations, eBooks

Posted 09 August 2020

The important question of who owns what needs to be established, as the answer will dictate how a strata scheme is correctly managed and who is responsible for what parts of a strata scheme.…

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Disposing of Goods Abandoned on Common Property – New Laws

Strata

Posted 28 July 2020

As from 1 July 2020, new laws apply to disposal of goods abandoned on common property and association property of strata schemes and community associations. New legislation came into force on that dat…

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