Mills Oakley Lawyers

The move to medium and high density living in recent times has meant more and more people are confronting the complexities of living in the highly-regulated world of Strata & Community Title.

In addition to the many Acts and Regulations, Strata & Community Title is governed by its own special instruments—such as by-laws and management statements—all within a changing landscape of case law generated by a variety of courts, tribunals and adjudicators.

Against this already complicated backdrop, owners, managing agents and service providers all encounter a variety of different legal issues, touching on areas as diverse as property law, defamation, building and construction, intellectual property, litigation, tax, trade practices, contracts, corporations, and employment law.

Strata Team

At Mills Oakley Lawyers, our team of experienced Strata & Community Title lawyers is backed by a firm with a broad range of expertise across all those areas of law, and more. With the resources of a national firm, yet a focus on practical solutions that represent value for money, Mills Oakley Lawyers is the perfect partner for owners, managing agents and businesses in need of timely, high-quality and cost effective legal services in Strata & Community Title.

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Spotlight – Building defects

Mills Oakley Lawyers are the premier residential building defects lawyers in New South Wales, with extensive experience acting for owners corporations against builders, developers, designers, certifiers and others. Backed by the resources of a national law firm, there’s no surprise that Mills Oakley Lawyers runs the biggest claims across all jurisdictions, including the Supreme Court, Court of Appeal and the High Court of Australia. At the same time, our depth of experience helps us provide efficient and cost-effective solutions for even the smallest of claims in the Consumer, Trader and Tenancy Tribunal.

Our expertise in residential building defects is complimented by our experience in drafting, negotiating and advising on all varieties of building and construction contracts—including remedial and upgrade contracts for strata schemes—as well as our experience in a wide variety of construction disputes and litigation, including payment claims under the Building and Construction Industry Security of Payment Act 1999. 

Management and Advice

With the aim of catering to the many diverse needs of the Strata & Community Title sector, Mills Oakley Lawyers provides a wide range of services in relation to the day-to-day management and operation of Strata & Community Title, including:

• General Strata & Community Title advice.
• The drafting and registration of by-laws.
• Drafting and advising on meeting agendas, motions, and compliance with meeting procedures.
• Drafting, negotiating and advising on a broad range of building and construction contracts including remedial/upgrade works.
• Easements, covenants, leases and licences.
• Amendment of building, strata and community management statements.
• Managing agency agreements, building management/caretaker agreements, supplier contracts, and assignments of rights.
• Re-allocation of unit entitlements.
• Conversion from company to strata title and winding-up strata schemes.
• Compliance, including Fire Safety, Workers Compensation, GST, Privacy, Insurance, OH&S, licensing.
• Development Applications and building certification.

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Disputes and Litigation

The diversity of dispute resolution and litigation services that Mills Oakley Lawyers provides to the Strata & Community Title sector reflects the broad range of issues facing owners, managing agents and service providers. We aim to provide innovative, cost-effective and cutting-edge dispute resolution and litigation services, including:

• Building defects claims.
• The enforcement of by-laws and legislative requirements.
• General strata litigation including mediation, adjudication, CTTT proceedings and Supreme Court proceedings.
• Levy recovery, bankruptcy and winding up.
• Disputes involving use and occupation of lot and common property—including possession claims.
• Repair and maintenance disputes, loss-of-rent claims, liability for injury caused by common property.
• Building management, caretaker and other supplier disputes.
• Development Application disputes including objections to Council and Land and Environment Court proceedings.
• Disputes with Council—commonly in relation to the Annual Fire Safety Statement process or Upgrade Orders.
• Tree disputes, boundary disputes and dividing fences claims.

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Development

Drawing on the breadth of our expertise across our many practice areas, including extensive experience in large-scale developments and complex subdivisions, Mills Oakley Lawyers can provide a complete solution for developers and builders in all stages of Strata & Community Title development, including:

• Corporate structuring, initial purchase and finance, approvals and construction documentation.
• Title structuring, complex staged and stratum developments, easements and covenants, by-laws, management statements.
• Conveyancing both off-the-plan and after construction.
• Leasing and licensing.
• Management and supplier contracts during the initial period.

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Key contacts

Daren Curry
Partner
T: 61 2 8289 5817
F: 61 2 9247 1315
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Stephen Aroney
Partner
T: 61 2 8289 5818
F: 61 2 9247 1315
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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