This article about Defamation in Owners Corporations has been supplied by Allison Benson, Kerin Benson Lawyers. The issue of what conduct can constitute defamation has been a topic for the NSW Courts recently. GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The case of Raynor v Murray [2019] NSWDC 189 in the District Court related to a claim for … [Read more...]
About Allison Benson, Kerin Benson Lawyers
NSW: Claiming Consequential Damages Against an Owners Corporation: An Update Post Shih
This article about awarding damages to a lot owner for their losses incurred by the Owners Corporation’s breach of its duty - referencing the case Shih v The Owners – Strata Plan No. 87879 [2019] NSWCATAP 263 has been supplied by Allison Benson, Kerin Benson Lawyers. In a decision handed down yesterday, the Appeal Panel of the NSW Civil & Administrative Tribunal has held … [Read more...]
NSW: Works approval orders under the Strata Schemes Management Act 2015: How do they work in practice?
This article about works approval orders and how they work has been supplied by Allison Benson, Kerin Benson Lawyers. What do you do if you want to do work (or have done work) but you can’t get the approval of your owners corporation? Section 126 of the Strata Schemes Management Act 2015 enables a lot owner (or lessee in a leasehold scheme) to apply to the NSW Civil & … [Read more...]
NSW: Are you speaking legalese? – The need for easily understandable by-laws
This article about easily understandable bylaws has been supplied by Allison Benson, Kerin Benson Lawyers. For instructions to be followed, they need to be easy to understand. Likewise, we believe by-laws should use language and a structure which is immediately apparent and understandable, avoiding the use of legal jargon or overly complicated terms and phrases known as … [Read more...]
NSW: Commissions and Training Services | What does my Strata Manager have to disclose?
This article about the what your strata manager needs to disclose has been supplied by Allison Benson, Kerin Benson Lawyers. Section 60 of the Strata Schemes Management Act 2015 (NSW) places a responsibility on strata managing agents of strata schemes to report the following matters at annual general meetings: Whether any third-party commissions or training services … [Read more...]
NSW’s First Strata Renewal Decision Unpacked: Procedural Tips For Your Scheme
This article about NSW's first strata renewal decision and what it may mean for your scheme has been supplied by Allison Benson, Kerin Benson Lawyers. On 8 August 2019 the Land & Environment Court handed down the first decision in respect of giving effect to a collective sale under the strata renewal provisions of Part 10 of the Strata Schemes Development Act 2015 (the Act) … [Read more...]
NSW Building Defects: Flammable Cladding Crisis. An Update
This article about the building defects crisis and flammable cladding in NSW has been supplied by Allison Benson, Kerin Benson Lawyers. The flammable cladding crisis continues with the NSW state government claiming that the 444 buildings on its list of potential buildings with flammable cladding is privileged due to its security risk. It is claimed that making those … [Read more...]
NSW: Was My By-Law Unreasonably Refused?
This article about unauthorised works to common property and the unreasonable refusal of bylaws has been supplied by Allison Benson, Kerin Benson Lawyers. If you own and live in, or work in a strata scheme, then you should be aware that if you want to do certain work to your lot or to the adjacent common property a by-law will be required. GET NOTIFIED WHEN WE PUBLISH NEW … [Read more...]
NSW: Q&A Is Strata Schemes Management Act 2015 for Residential Only?
This article about the Strata Schemes Management Act 2015 has been supplied and written by Allison Benson, Kerin Benson Lawyers. Question: Is the Strata Schemes Management Act 2015 only for residential schemes or do all Parts of the Act apply to all types of strata scheme developments such as residential, commercial, mixed use, industrial? GET THE LATEST STRATA NEWS / … [Read more...]
NSW: Animals and hard surface floors in strata schemes: an update
This article about Animals and hard surface floors in strata schemes has been supplied by Allison Benson, Kerin Benson Lawyers. What do animals and hard surface flooring in strata schemes have in common? Well, to start, they can be divisive. In a strata law context by-laws regulating both subjects have been challenged in the NSW Civil & Administrative Tribunal (“NCAT’) as … [Read more...]
