We understand that sometimes you can have a disagreement with your neighbour over your boundary issues and we can be the legal voice of reason to help you both come to a resolution.

• Adverse possession
• Cranes
• Easements
• Encroachments
• Fences
• Lack of support
• Nuisance
• Retaining walls
• Rock anchors
• Scaffolding
• Trees

• Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
• Dealing with Home Warranty Insurance claims
• Home Building Act 1989 advice
• Building contracts and tenders
• Commercial arbitration
• Expert determination

Game Changer for NSW, the Design & Building Practitioners Act 2020.

On 11 June 2020 a retrospective duty of care commenced under the Design & Building Practitioners Act 2020 giving all owners who became aware of building defect losses in the 10 years before 11 June 2020 a right to sue in negligence against:

• Builders
• Designers
• Subcontractors
• Suppliers or manufacturers: and supervisors
• Project managers or co-ordinators in control of the works

This retrospective duty of care is currently limited to residential buildings including cladding, but there are relevant other time limits. e.g. limits under the planning laws which need to be considered. If the loss became apparent after 11 June 2020, the duty of care period reverts to the usual 6 years from awareness of the loss, but again other limitations need to be considered.

Resolving Building Defects

Bannermans Lawyers understands the frustrations and concerns when owners discover building
defects.

With our team of knowledgeable experts, we help all types of properties, from multi storey unit blocks to free standing homes.

Our goal is always to resolve your defects in a timely and cost-effective manner.

These include:

• Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
• Assisting with alternative disputes resolution mechanisms
• Providing advice on applicable statutory warranty periods
• Dealing with Home Warranty Insurance claims
• Home Building Act 1989 advice
• Building contracts and tenders
• Commercial arbitration
• Expert determination
• Council orders
• Drafting remedial works contracts
• 10-year retrospective right advice
• Building bond advice
• Cladding defect advice

Our Claim Process

Preliminary Advice

Bannermans providing advice and determining who is responsible for the defect and the statutory warranty period.

Settlement Discussions

Bannermans attempting to settle and resolve the defects claim prior to litigation.

Commencing Proceedings

As a last resort Bannermans to commence litigation to resolve defects.

Bannermans Lawyers offers a wide range of by-laws for all of your strata needs, including:

• Access keys
• By-law advice
• By-law review
• Common Property Memorandum
• Consolidations
• Delegate authority for minor renovations
• Fire safety compliance and callout fees
• Floor covering and hard surface flooring
• Limiting the number of occupants of lots
• Moving and storing goods or furniture
• Restricting or permitting animals
• Renovations
• Parking – visitor rules
• Registrations
• Restriction of use
• Security devices – CCTV
• Short-Term Letting
• Signage – letting and sales signs
• Smoking
• Solar panels, batteries and charging stations
• Storage units in car parking spaces
• Uncollected goods (and rubbish)
• Use of recreational facilities and areas
• Works program

The process of collective sale/urban renewal can seem to be very overwhelming to the parties involved and we at Bannermans Lawyers aim to assist you during the process and walk you through the steps. Guidance through this process and a successful outcome is our goal for all parties involved. These steps include:

• Attendance on conveyancing matters
• Attending settlement
• Collective sale advice
• Court proceedings
• Prepare briefs and obtain fee proposals from valuers and planners
• Prepare collaborative agreement between dissenting owners regarding negotiations with developer and ongoing court matters
• Prepare collaborative joint sale agreement
• Prepare contract for sale for use by Real Estate Agent in marketing of property including obtaining relevant searches and prescribed documents
• Providing post-settlement confirmation and advice
• Review call option deeds and contracts for sale
• Updating and executing contracts for sale

• By-laws
• Community, building and strata management statements
• Company title conversion
• Conveyancing
• Development contract documents
• Development structuring
• Easements and covenants
• Leasing and licensing
• Torrens, part strata and stratum subdivision
• Management statements
• Strata development contracts

At Bannermans Lawyers we understand that recovering overdue and unpaid levies from lot owners can be a frustrating and time-consuming process. With this in mind we have created a schedule of steps and online portal to ensure an effective and cost-efficient approach. We have broken our recovery workflow into four stages and work closely with the manager to ensure clear communication and constant updates on the matter. We endeavor to recover unpaid costs in a cost effective and timely manner.

• STEP 1: Statutory notice (issue letters of reminder and issue 21-day statutory notice of recovery action)
• STEP 2: Filing and serving statement of claim (lodge, file and serve statement of claim)
• STEP 3: After filing and serving statement of claim (default judgment and defended proceedings)
• STEP 4: After judgment obtained (discuss suitable options such as garnishees or writs and bankruptcy proceedings)

Whether the matter is contested or uncontested, we will take this frustrating process off your hands to get the results you want!

When someone decides to take legal action and start litigation, we understand the road ahead can be daunting. Bannermans will walk you through step by step and aim to come to a resolution as quickly as possible in the most efficient and cost-efficient manner. Some of our litigation options include:

• Advice
• Attend hearings
• Defence of substantive orders
• Draft and lodge submissions
• Draft submissions and evidence
• Interim orders
• Letter of demand
• Mediation
• NCAT appeal
• NCAT proceedings
• Notice to comply
• Penalty proceedings
• Review and advice defence of interim orders
• Settlements
• Substantive orders

Bannermans Lawyers understands that strata can sometimes be a confusing concept to get across and occasionally advice is required being an owner or strata manager in this industry. We provide advice on an array of subjects, including:

• By-law drafting and enforcement
• Building compliance and certification
• Building/strata management statement amendments
• Building/strata management statement enforcement
• Community management statement amendments
• Community management statement enforcement
• Defamation
• Dividing fences act claims
• Insurance claims and requirements
• Government authority compliance requirements
• Grants of rights of use or development of lots or common property, such as, easements, leasing, licensing, and by-laws
• Meeting procedures
• Management compliance advice
• Work Health & Safety
• Service Agreements
• Title structuring
• Tree disputes

• Adjudicator’s orders
• District Court and Supreme Court proceedings
• Mediation
• NCAT hearings
• Notices to comply

• By-law drafting and enforcement
• Building compliance and certification
• Building/strata management statement amendments
• Building/strata management statement enforcement
• Community management statement amendments
• Community management statement enforcement
• Defamation
• Dividing fences act claims
• Insurance claims and requirements
• Government authority compliance requirements
• Grants of rights of use or development of lots or common property, such as, easements, leasing, licensing, and by-laws
• Meeting procedures
• Management compliance advice
• Work Health & Safety
• Service Agreements
• Title structuring
• Tree disputes

• Building management agreements
• By-laws
• Community, building and strata management statements
• Company title conversion
• Conveyancing
• Development contract documents
• Development structuring
• Easements and covenants
• Expert Determinations
• Leasing and licensing
• Strata agency agreements
• Tender documents
• Termination of management agreements
• Torrens, part strata and stratum subdivision