NEWS & RESOURCES
Building In NSW: 8 FAQs About Independent Building Inspections
For homeowners, the relationship between a builder and an independent building inspector can sometimes be confusing. Here are some of the questions we are commonly asked about builders and independent inspectors. What is an independent building inspector? An...
When Should You Get A Building Contract Reviewed By A Lawyer?
A building contract can look straightforward. It often isn’t. If you are building or renovating a home, you might be presented with a “standard” building contract. It is tempting to think: “The builder uses this standard contract all the time. How bad can it be,...
Neighbours A Nuisance? What Are Some Of The Types Of Actionable Nuisance?
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!
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
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
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
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...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – What Are the Options to Gain Use of the Common Property? – Part 2
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – What Are the Options to Gain Use of the Common Property? – Part 1
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
What Happens If I Find A Common Property Defect When I’m Renovating My Lot?
This situation can, and does, happen. More often than you would think and the case The Owners – Strata Plan No 865 v Carroll [2026] NSWCATAP 58 provides some guidance for us. In that case, a common property rights by-law had been passed authorising the lot owner...
LSJ Article – What’s Changed? Sustainability In Strata Schemes
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...
Construction Work As Reason For Refusal Of Works By-Law
In New South Wales, under the Strata Schemes Management Act 2015 (NSW), inconvenience caused during construction work may not, on its own, constitute a reasonable reason to refuse a lot owners proposed works by-law. The determination of whether a refusal is reasonable...
Sydney Office
Suites 101 & 102, 74 Pitt Street Sydney NSW 2000
02 9159 3970
Newcastle Office
591 Glebe Road Adamstown NSW 2289
02 4032 7990