Tag Archives: strata disputes

neighbours strata law

Strata Law : Neighbours and Nuisance

In The Owners—Strata Plan 85044 v Murrell; Murrell v The Owners—Strata Plan 85044 [2020] NSWSC 20 His Honour Justice Williams was asked to determine 19 issues arising from a dispute between neighbours, including nuisance. Facts The plaintiff Owners Corporation (OC) owned the common property in a four-level four-unit strata scheme at 95 Wentworth Road, Vaucluse […]

design and building practitioners

The Statutory Duty of Care and the Design and Building Practitioners Act 2020

The Design and Building Practitioners Act 2020 (NSW) (Design Act) received assent last week with the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RBA). The Acts are part of NSW’s response to the flaws in the compliance and enforcement systems in the building industry and the public outcry that has followed the […]

s106 damages strata

Pullicin and the jurisdictional maze of s106 (5) claims

In The Owners—Strata Plan No 74835 v Pullicin and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 the Appeal Panel, constituted by the President, Deputy President and a Principal Member, settled the vexed question of whether the Tribunal had jurisdiction to consider a lot owner’s claim for s106 (5) SSMA damages. Section 106 (5) damages can […]

strata builders duty of care

New Duty of Care may mean extended protection for strata Owners Corporations

Duty of Care and Strata Owners Corporations.  The Government has said that it intends to introduce an over-arching duty of care on the part of ‘building professionals’, to be owed to Owners Corporations. The current problem is that an owners corporation is a creature of statute.  It comes into existence on the registration of the […]

Strata Mediation Portal Website

Department of Fair Trading and strata mediation. The mediation service offered by Fair Trading can be invaluable in resolving the most common strata disputes involving the use of common property, pets and parking. Overseen by experienced and impartial mediators, the process is free and widely available to occupiers, residents and workers in strata schemes. This […]

property disputes australia

Disputes between residents living in different States

High Court restricts NCAT’s powers – Burns v Corbett In Burns v Corbett [2018] HCA 15 the High Court unanimously held that NCAT does not have jurisdiction to hear matters between residents of different states, otherwise known as ‘diversity jurisdiction’ (see section 75 (iv) of the Constitution. In upholding the Court of Appeal decision the […]

strata by laws airbnb rentals

Changes to Strata by-laws regarding short term rentals (Airbnb)

  GREEN LIGHT TO SHORT TERM LETS In June 2018, after almost three years of consultation, the NSW Government released its proposals for the regulation of the short term letting industry, an industry that delivers an estimated $31 billion per year to the economy but significant distress and disruption to strata residents by so called […]

strata scheme building defects bond

Building defects bond scheme and strata blocks

Changes to the Strata Schemes Management Act 2015. Reforms to the Strata Schemes Management Act 2015 are an attempt to protect buyers of new strata lots from defective building works by facilitating the early identification and rectification of defects, thus leading to an improvement in the standard of construction of NSW residential strata. Will reform fix […]