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Leaf me alone: Tree Disputes Between Neighbours

Strata

Posted 02 November 2018

Trees are a frequent source of disputes between neighbours. They can provide privacy and enhance amenity, but they can also annoy neighbours and damage their property. This often leads to disputes, ge…

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Dob yourself in about cladding from 22 October

Building Defects

Posted 02 October 2018

The NSW Government move to address the risks arising from non-compliant cladding has progressed with the passing of new regulations, which take effect from 22 October 2018.…

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How do we make money from visitor spaces

Strata

Posted 02 October 2018

Owners Corporations have a variety of options to generate revenue from their common property. A question which frequently arises is whether schemes can sell or lease their visitor car parking spaces o…

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Hoarders: One man’s trash is another man’s treasure

Strata

Posted 20 September 2018

Dealing with Hoarders Question: Why don’t other lot owners like hoarders? Answer: Typical issues that arise from lot owners who are considered “hoarders” are bad o…

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Challenging Unfair By-Laws – Recent cases give some guidance

Strata, By-Laws

Posted 20 September 2018

The commencement of the Strata Schemes Management Act 2015 (“SSMA”) on 30 November 2016 changed the rules concerning strata by-laws. In particular, Section 139(1) provides that a by-law must not b…

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Short Term Lettings – New Rules on the Way

Strata

Posted 07 September 2018

The NSW Government has passed the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (“Act”), which is expected to commence in 2019 and which implements a new approach to short term…

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What’s a Rock Anchor between Neighbors worth?

Strata

Posted 08 August 2018

Question: What is the definition of a rock anchor? Answer: An anchor inserted below the ground and used to stabilise earth, sand or rock adjacent to excavation work, and which may be safely de-stress…

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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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