Security for Costs Required of Owners Corporation

By Paul Jurdeczka, Partner The Supreme Court of NSW has handed down a decision that needs to be taken into account by any Owners Corporation when bringing litigation. In The Owners – Strata Plan 64415 v Serman [2017] NSWSC 806 (20 June 2017) an owners corporation was suing their former solicitors and barrister for alleged
Read more…

Identifying Defects Early – Now Even More Relevant!

By Paul Jurdeczka, Partner A recent decision of Justice Stevenson of the Supreme Court has reinforced the need to identify and include all claimed defects in court proceedings, even more so than used to be the case. Various court decisions had previously made clear that suing on the underlying “cause of action”, or legal right,
Read more…

The new Strata Schemes Management Act: Major Impact on Developers and Contractors

By Scott Laycock, Partner, Sarah Sattout, Consultant, and Caitlin Cook, Lawyer New South Wales Fair Trading recently announced that the new Strata Schemes Management Act 2015 (NSW) (Act) will come into effect in November 2016. The Act replaces the existing Strata Schemes Management Act 1996. The Act will apply to construction contracts entered into after
Read more…

Victorian Decision follows NSW Cases on Section 80D

A decision of the Victorian Supreme court earlier this year followed the approach of the NSW Court of Appeal in the 2014 decision of 2 Elizabeth Bay Road (which necessarily has to be read with Bakkante), in dealing with the equivalent legislation and requirements in Victoria. Justice McDonald in Burbank Australia Pty Ltd v Owners
Read more…

New Non-Smoking Restrictions in Place in NSW

Amendments to the Smoke-free Environment Act 2000 (NSW) took effect on 6 July 2015 banning smoking in “a place that is within 4 metres of a pedestrian access point to a building… (containing) licensed premises or a restaurant…” and in “a commercial outdoor dining area”.  This is of importance especially to mixed use strata buildings,
Read more…

NSW Supreme Court creates Real Property List

The NSW Supreme Court has created a new list for the case management of matters involving real property disputes, which will commence operation on 1 June 2015. This will include: Claims in respect of contracts for the sale of land. Claims in respect of leases, easements and covenants over land. Claims arising from the Real
Read more…

Happy Holidays?: Stratum and short term holiday accommodation in Byron Shire Council (and beyond)

Article by Claire Greenwood and Paul Jurdeczka Byron Shire Council’s current review of holiday letting management highlights a concern for residential stratum whose lot owners undertake this activity.  If holiday letting is not allowed under local planning instruments, then Owners Corporations may face issues if they later make an insurance claim for damage or claims arising
Read more…

5 Practical Issues for the Home Building Changes Commencing 1 December 2014

There has been much concern amongst strata lawyers, strata managers and the media about impending changes to the Home Building Act 1989 (NSW) (“the Act”), and whether those changes will strip rights away from lot owners and owners corporations. This circular is intended to clarify what you should or should not worry about, so that
Read more…

Reminder of Amendments to NSW Security of Payment Legislation

Many Owners Corporations and thus strata managers have to deal with contractors doing works to existing buildings, and thus claims under the Building & Construction Industry Security of Payment Act 1999 (NSW) (the Act). The Act was introduced in 1999 with the intention of ensuring cashflow in construction projects generally, outside of litigation, with a
Read more…

Some Recent NSW Supreme Court Strata Cases

The NSW Supreme Court has handed down two cases recently of relevance to Owners Corporations. The Owners – Strata Plan No. 62022 v Sahade: An Owners Corporation’s general meeting was held to be invalid because insufficient notice was given to the Plaintiff under clause 32 of Schedule 2 of the Strata Schemes Management Act 1996
Read more…

New Child Window Safety Requirements For Stratas Coming

On 18 September 2013, the Strata Schemes Management Amendment (Child Windows Safety) Bill (“the Bill“) was introduced in the Legislative Assembly of the New South Wales Parliament in response to a report prepared by the Children’s Hospital at Westmead. The Bill is currently awaiting the Second Reading debate in the Legislative Assembly. What is required
Read more…

NSWCA Absolves Stratas of Section 62 Statutory Duty Damages Claims

An aspect of the decision in The Owners – Strata Plan No. 50276 v Thoo [2013] NSWCA 270 which requires an article all of its own, is its finding that a breach of section 62 of the Strata Schemes Management Act 1996 (“SSMA”) by an owners corporation does not give rise to a claim in
Read more…

Court of Appeal deals with strata obligation to maintain the common property

The recent decision of the New South Wales Supreme Court of Appeal (“NSWCA”) in The Owners – Strata Plan No. 50276 v Thoo has provided some interesting guidance on the obligations of owners corporations to maintain the common property (in the context of a retail and commercial strata), as well as associated issues relating to
Read more…

  • Strata

  • Privacy Policy | Terms of Use