This article about NSW's first cladding decision has been supplied by Bannermans Lawyers. NSW’s First Cladding Decision The recent Tribunal decision in SP92888 v Taylor Construction Group and Frasers Putney [2019] NSWCAT has held that combustible external cladding installed on residential buildings is a major defect for the purposes of statutory warranties under the Home … [Read more...]
About David Bannerman, Bannermans Lawyers
Disputes Involving Residents Outside NSW: Does NCAT Have Jurisdiction
This article about whether NCAT has jurisdiction for interstate disputes has been supplied by Bannermans Lawyers. A recent High Court case, Burns v Corbett [2018] HCA 15, has cast doubt on the scope of the jurisdiction of the NSW Civil and Administrative Tribunal (“NCAT”) and other tribunals to hear disputes between residents of different states. This is potentially a … [Read more...]
NSW: Stuck With An Embedded Network? Looking For A Way Out?
This article discussing embedded networks has been supplied by David Bannerman, Bannermans Lawyers. Embedded networks are becoming more and more common in strata developments and more and more new lot owners are becoming aware too late what an expensive trap these can be. Although these arrangements most commonly involve electricity, they can involve a wide range of other … [Read more...]
NSW: “Off the Plan” Purchase Regrets + Top 5 Potential Solutions
This article discussing "Off the Plan" Purchase Regrets has been supplied by David Bannerman, Bannermans Lawyers. Sale of strata apartments “off the plan”, i.e. before they are built, are common with new developments. In a rising market, purchasers are keen not to miss out or to lock in a price which they expect to be less than the value of the apartment when … [Read more...]
NSW: My Unit Has Been Leaking for Years And The Owners Corporation Is Doing Nothing – What Can I Do?
This article discussing repairs and maintenance of the common property has been supplied by David Bannerman, Bannermans Lawyers. Is the owners corporation required to repair and maintain the common property? Yes. Generally speaking, there is a strict obligation for the owners corporation to repair and maintain the common property under the Strata Schemes Management Act … [Read more...]
NSW: The Unintentional Impact Of The NSW Government’s Strata Renewal Reform On Lower-Income Earners
This article about The Unintentional Impact Of The NSW Government's Strata Renewal Reform On Lower-Income Earners has been supplied by Bannermans Lawyers. With the commencement of Part 10 of the Strata Schemes Development Act 2015 on 30 November 2016, the NSW Government introduced a reform which is aimed to deal ‘proactively with the issue of ageing strata schemes and … [Read more...]
NSW: Update on the 2% Bond Scheme
This update on the 2% NSW Bond Scheme has been supplied by Bannermans Lawyers. Background Builders and developers of new multi-storey buildings (defined as two or more separate dwellings which exceed three storeys in height) are exempt from having to obtain insurance under the Home Building Compensation Fund (Home Owners Warranty Insurance) under the Home Building Act … [Read more...]
NSW: A Loophole To 4 Extra Years on An Owners Defects Warranty
This article discussing a loophole to four extra years on an owners defects warranty has been supplied by Bannermans Lawyers. The statutory warranty period for “minor defects” under the Home Building Act 1989 (“HBA”) is only 2 years. However, in a recent case, Hutching v Hope [2019] NSWCAP 59, the Tribunal’s Appeals Panel highlighted the distinction between the limitation … [Read more...]
NSW: Disability Discrimination And The Human Rights Commission
This article about Disability Discrimination And The Human Rights Commission has been supplied by Bannermans Lawyers. The Australian Human Rights Commission is the body to whom a complaint is lodged if you feel that you may have been discriminated against. Owners and occupiers can have very different ideas about what arrangements are appropriate for assisting those with … [Read more...]
NSW: Cladding Update – Lacrosse Tower Fire Decision: The Importance of Statutory Warranties
This article about Cladding, the Lacrosse Tower Fire Decision and the importance of statutory warranties has been supplied by David Bannerman, Bannermans Lawyers. The Victorian Civil and Administrative Tribunal (“Tribunal”) handed down an award on 28 February 2019, which ultimately holds the Builder liable for breach of statutory warranties with the Building Certifier, … [Read more...]
