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 Property Act, Conveyancing Act and Crown Lands Act, and most relevantly for owners corporations and strata managers, the legislation dealing with the creation and management of strata schemes and community schemes.
Clearly this will affect many matters and disputes involving property developments and owners corporations.
The Practice Note deals with the case management of such matters, and will need to be taken into account by all parties that might be considering bringing, or having to defend, such proceedings. The List will be managed by Justice Rowan Darke, a Judge of the Equity Division.
Current matters that would be covered by the Practice Note will be transferred into the List, and parties will be notified accordingly.
The announcement, along with a link to a copy of the new Practice Note, can be found here.