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Building Defects Claim Update – High Court Hands Down Decision in Brookfield Case

Building Defects

Posted 08 October 2014

In a Nutshell On 8 October 2014, the High Court in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (“the Brookfield case”) found that a builder did not owe a duty …

With Great Power Comes Great Responsibility: Strata Managers and Section 162 Appointments

Strata, Archives

Posted 08 October 2014

In Xabregas v The Owners – Strata Plan No 79205; Moallem v Consumer Trader & Tenancy Tribunal (No 2) [2014] NSWSC 1027 (31 July 2014), the NSW Supreme Court emphasised the high responsibility of a s…

Strata Managing Agents – Tips on Managing Risk

Strata

Posted 28 September 2014

Ever more is expected of strata managing agents, in terms of the broad range of issues they are required to deal with and in terms of the high standards expected of them. This can make strata manageme…

Strata Management Agency Agreements – How much Liability do Strata Managers have?

Strata, Management Agreements

Posted 08 September 2014

Strata managing agents provide a broad range of services to their owners corporation clients, ranging from accounting and other administration to property repairs and maintenance. This frequently nece…

Register your interest under the Personal Property Securities Act 2009

Construction, Personal Property Securities

Posted 25 August 2014

In a Nutshell Parties who loan or lease plant or equipment need to be aware of when to register a security interest under the Personal Property Securities Act 2009 (“PPSA”) to avoid unhappy sce…

NCAT: Is it so Super?

Strata, NCAT and Court Proceedings

Posted 18 August 2014

It’s not a bird and it’s not a plane. It’s a super tribunal. On 1 January 2014, the New South Wales Civil and Administrative Tribunal (NCAT) will be established and take over from over 20 exi…

Submissions on the Home Building Regulation 2014

Building Defects

Posted 19 August 2014

Dear Commissioner, INTRODUCTION I refer to your letter dated 18 July 2014 inviting comment on the draft Home Building Regulation 2014 and thank you for the opportunity to provide a response.…

When do you need approval to remove or prune a tree?

Strata

Posted 18 August 2014

Tree preservation orders are in practice made by local councils as orders pursuant to powers under the Local Government Act 1993. There can be significant differences between tree preservation orders …

Are you affected by an Encroachment?

Development Contracting, Easements

Posted 14 August 2014

Many land owners are faced with the issue of what to do with an encroachment. An encroachment can occur where part of a building from one piece of land overhangs or enters on to a neighbouring block o…