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Storm Clouds Gather for Owners Corporations [ACT version]

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in the ACT. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects in…

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Cracking Phoenix Eggs

It has been reported that the Australian Securities and Investments Commission, Australian Tax Office and Fair Work Building and Construction have recently begun cooperating to crack down on builders liquidating their companies to avoid repaying creditors including the Tax Office, employees, and contractors.  In particular, the Tax Office is compiling evidence given to it by…

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Case Note: How to count the numbers – Voting Requirements in Units Plans

Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the importance of properly conducting and recording meetings at which motions are voted upon.…

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Kerin Benson Lawyers Guide to Obtaining a Rectification Order

This is a brief outline of what occurs during the process of obtaining a rectification order from the ACT Planning and Land Authority (ACTPLA or otherwise known as the Environment and Sustainable Development Directorate) against a building licensee (including a nominee of the builder). The information contained in this guide is for informational purposes only and is…

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