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Challenging Unfair By-Laws – Recent cases give some guidance

Strata, By-Laws

Posted 18 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 06 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 Neighbours worth?

Strata

Posted 05 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 19 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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Issues concerning Execution of Annual Fire Safety Statements

Strata

Posted 03 May 2018

A letter from Bannermans Lawyers to NSW Planning & Response Received 09.08.18 …

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What’s a crane between neighbours worth?

Strata, Building Defects, Easements

Posted 26 April 2018

Question: Are developers required to seek consent from adjoining owners prior to operating cranes over your property? Answer: The land owner of a non-strata title building or the owners co…

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Predicting the unpredictable: Strata Renewal in the Courts

Strata, Urban Renewal

Posted 30 April 2018

Developers proposing projects involving strata renewal plans face a crystal ball gazing exercise.They need to predict the requirements and attitudes of the Court considering an application for orders …

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Are Termites eating away at you?

Strata

Posted 22 April 2018

Managing termites and the damage they can cause is a tricky issue in strata schemes. This is partly because of the wide range of potential scenarios and partly because there are many different views o…

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