What’s changed? Sustainability in strata schemes
Reforms are embedding sustainability into strata governance, lowering approval thresholds and changing the management of common property.
By Allison Benson - 7 min read
The complexities of granny flat interests
Granny flat arrangements can address socio-economic issues but complex legal and financial issues can arise when parties fail to document their arrangement.
By John Clarke and Abby Landy - 2 min read
Will preparation and joint tenancies
Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.
By Sophie Duffy and Charu Stevenson - 1 min read
Don’t get caught out! Changes to strata title legislation
All but three amendments in the Strata Legislation Amendment Act 2023 are now in force and the changes apply to both strata and community title…
By Allison Benson - 2 min read
Electronic caveats and their limitations
The Supreme Court has handed down an important decision dealing with electronic caveats lodged online.
By Elyse Di Stefano - 1 min read
Mascot Towers: A termination order is not in order
Recent Supreme Court decision in the Mascot Towers saga examines the factors a Court will consider before ordering the termination of a strata scheme.
By Allison Benson and Tom Waugh - 2 min read
Flawed floors: Analysing the cracks in industrial leases
A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 2 min read
Evolving limitations on the power to make by-laws in strata and community title schemes
Recent Court of Appeal decision examines the limitations on the power of strata schemes to create by-laws and provides helpful guidance on interpretation of by-laws.
By Allison Benson - 2 min read
When building work is not iron clad
Recent Court of Appeal decision clarifies who bears the evidentiary onus of establishing loss in combustible cladding disputes.
By Christopher Kerin and Mia Haas - 2 min read
The curious case of the budgie war
Residents in retirement villages may challenge a village rule on the basis that the rule is unjust, unconscionable, harsh or oppressive.
By Anthony Laumberg - 2 min read
The sword and the shield: Dealing with harsh, unconscionable and oppressive by-laws
When dealing with by-laws, there is a distinction between a by-law that is a reasonable restriction and one that is harsh, unconscionable and oppressive.
By Allison Benson - 1 min read