Property and Strata Reform
Strata Redevelopment and Collective Sales – Updates to Strata Renewal Laws in NSW
On 22 November 2023, the Strata Legislation Amendment Bill 2023 (the Bill) passed both houses of NSW Parliament. Notably, the Bill amends provisions of part 10 of the Strata Schemes Development Act 2015 (NSW) (SSDA). These are the first set of substantive changes to...
NSW Supreme Court finds ‘Project Intervene’ does not warrant a stay application
On 10 March 2023, Justice Darke issued an interlocutory decision in the NSW Supreme Court rejecting an application to stay proceedings for 12 months, despite ongoing investigations by ‘Project Intervene’ – an initiative that allows the NSW Department of Fair Trading...
NCAT empowered to extend time to commence proceedings for a breach of an owners corporations duty to maintain and repair common property
On 6 March 2023, G Curtin SC and D Fairlie SC delivered the decision in the matter of Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2023] NSWCATAP 66. The Appeal Panel determined that the NSW Civil and Administrative Tribunal (NCAT) possesses the...
Two-year limitation period under s 106(6) of the Strata Schemes Management Act 2015
On 6 March 2023, the NSW Court of Appeal (Court of Appeal) delivered its decision in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35 confirming that the limitation period under s 106(6) of the Strata Schemes Management Act 2015 (NSW) (SSMA) commences at the...
NSW Supreme Court highlights the importance of investigating and identifying defects early and sufficiently particularising a claim under the Design and Building Practitioners Act 2020
On 7 February 2023, Ball J delivered the decision in The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44 (Crown). In Crown, The Owners – Strata Plan 86807 (Owners Corporation) sought leave to file an amended summons and Amended Technology...
How should a Clause 4.6 request be assessed?
Strata Defects Regime for high-rise residential buildings in NSW
On 15 July 2017, Project Lawyers published an article on the proposed introduction of Part 11 of the Strata Schemes Management Act 2015. Now that Part 11 has been introduced, owners corporation and developers should familiarise themselves with the requirements of the...
Deadline for Window Safety Devices in NSW
Owners Corporations must install window safety devices From 13 March 2018, the owners corporations of all strata residential buildings in New South Wales are under a duty to install a complying window safety device, at the owners corporation’s expense, on all affected...
NSW Land and Environment Court makes Important Findings Relating to Strata Renewal Proceedings
Project Lawyers, acting for the applicant in the recent decision of The Owners - Strata Plan 49574 v Scorpio Holdings (Aust) Pty Ltd & Ors [2018] NSWLEC 54, successfully obtained orders from the Court requiring a respondent (dissenting lot owner) in strata renewal...
Tips and Traps for Developers and Builders – The Building Bond Scheme in the Strata Schemes Management Act 2015 (NSW)
Recent building bond changes to strata legislation in NSW, due to commence on 1 January 2018, will require Developers to pay a compulsory building bond to the NSW OFT prior to obtaining any occupation certificate (whether interim or final), for potential building...
