Neighbours A Nuisance? What Are Some Of The Types Of Actionable Nuisance?

by AllisonBenson | Sep 8, 2026 | News & Publications, NSW, Recent News

This article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration Second-hand smoke penetration from the cigarettes, e-cigarettes, vapes, and the other like...

Strata Meeting Notices: Timing Is Key!

by AllisonBenson | Aug 17, 2026 | Case Review, Levies, News & Publications, NSW, Recent News

When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed due process when sending meeting notices and levy...

What McArthur v SP 30924 Means for Owners Corporations – Part 2 Sufficiency of Repairs & Damage Under s106

by AllisonBenson | Aug 10, 2026 | News & Publications, NSW, Recent News

In addition to consider what constitutes an emergency, the Tribunal in McArthur v The Owners – Strata Plan No. 30924 [2025] NSWCATCD 207 also provided an interesting discussion in relation to section 106 of the Strata Schemes Management Act 2015. Specifically, the...

What McArthur v SP 30924 Means for Owners Corporations – Part 1 Emergency Repairs in Strata

by AllisonBenson | Aug 10, 2026 | News & Publications, NSW, Recent News

The decision in McArthur v The Owners – Strata Plan No. 30924 [2025] NSWCATCD 207 provides a useful reminder of the difficult balancing exercise owners corporations often face when responding to urgent repairs. The case dealt with the all too familiar scenario in...

Unreasonable Refusal Of A By-Law? NCAT’s Ability To Make A Common Property Rights By-Law May Have Been Expanded By The Appeal Panel

by AllisonBenson | Aug 10, 2026 | By-Laws, Case Review, Legal Alert, News & Publications, NSW, Recent News

A recent decision of the Appeal Panel of the NSW Civil and Administrative Tribunal (“NCAT”) indicates NCAT may have a wide power to order the making of a by-law different to that which the owners corporation rejected. The case dealt with when NCAT will make a common...

LSJ Article – What’s Changed? Sustainability In Strata Schemes

by AllisonBenson | Jul 12, 2026 | Legal Alert, News & Publications, NSW, Recent News

Sustainability has become a key issue for strata and community title schemes, reflecting changing social expectations and the environmental and economic drivers underpinning recent legislative reform and litigation. Legislative change has been incremental. This...