This article about NCAT and its power to award compensation in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers. In a recent decision that has produced a confusing outcome, the Appeal Panel of NCAT has decided that NCAT does not have power to award damages (but might be able to order payment of compensation) where there are defects in common property that an … [Read more...]
About Adrian Mueller, JS Mueller & Co Lawyers
NSW: Invasion of Privacy by CCTV Cameras
This article about privacy and CCTV cameras in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers. Introduction We recently reported about an NCAT case in which a lot owner was ordered to remove CCTV cameras she unlawfully installed on the common property of a strata building in breach of the by-laws and strata laws. But what happens when a next door … [Read more...]
NSW: Pet By-Laws: Goodbye to “No Pets” Buildings
This article about the end of "No Pets" buildings in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers. In at least two recent cases, NCAT has decided that “no pets” by-laws are invalid. Where does this leave “no pets” buildings? Introduction In February 2018, NCAT handed down its decision in Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19. In the … [Read more...]
NSW: NCAT Clarifies the Extent of its Jurisdiction
This article about NCATs jurisdiction has been provided by Adrian Mueller, JS Mueller & Co Lawyers. Introduction In 2018 the High Court concluded that NCAT did not have jurisdiction to resolve disputes between residents of different states. This meant that NCAT could not resolve disputes between strata owners who lived in different states such as NSW and QLD. A recent … [Read more...]
National Strata Regulations are on the Way! We Take a Close Look at Vic Reforms.
This article discussing the introduction of National Strata Regulations has been provided by Adrian Mueller, JS Mueller & Co Lawyers. From sunset clauses to cooling-off periods, changes to the strata laws are being considered all over Australia. GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The first cab off the rank will be modifications to the … [Read more...]
NSW: Proposed Changes – Short Term Accommodation Laws
This article discussing proposed changes to short term accommodation laws in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers. The NSW Government is currently implementing a new regulatory framework for the short-term rental accommodation industry. GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The framework … [Read more...]
NSW: NCAT Changes Procedure For Strata Applications
This article discussing NCAT changes to strata applications has been provided by Adrian Mueller, JS Mueller & Co Lawyers. HOT OFF THE PRESS! NCAT has recently released new application forms for strata disputes. GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE The new forms introduce some changes to the way NCAT will handle strata applications. … [Read more...]
NSW: Replacing Items of Common Property Just Got Much Harder
This article discussing replacing common property items in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers. The NSW Supreme Court has recently handed down a decision that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions: What type of resolution does an … [Read more...]
NSW: You’re on Your Own: Leasehold Owners Corporations Given No Right To Make Building Defect Claims
This article discussing NSW Leasehold Owners Corporation's claims on the cost to repair building defects has been provided by Adrian Mueller, JS Mueller & Co Lawyers. A recent decision of the NSW Court of Appeal has found that the owners corporation of a leasehold strata scheme had no right to make a claim against the builder or developer of its scheme for building defects. … [Read more...]
NSW: NCAT Approves Security Fob By-Law
This article discussing NCAT's approval of a security fob by-Law has been provided by Adrian Mueller, JS Mueller & Co Lawyers. In a recent decision, NCAT upheld a security fob by-law made by an owners corporation. This is a good decision as it demonstrates that appropriately worded security fob and access key by-laws can be made by owners … [Read more...]
