As many of you would know, on Friday 8 December 2017, the Kerin Benson Lawyers Guide to ACT Strata Law was launched by Caroline Le Couteur MLA and Gary Petherbridge. For those who have not yet had an opportunity to buy the book, you can do so by clicking here.
The number of apartment developments in the ACT is significantly increasing in all suburbs as part of a policy of the ACT Government to increase housing density near town centres and along transport corridors. Already signs of these developments can be seen as residential buildings in excess of 6 storeys, and even as high as…
B & T Constructions (ACT) Pty Ltd (ACN 105 358 825) was a builder that was responsible for the construction of numerous residential apartment buildings in the ACT. On 18 May 2017, administrators were appointed to B & T Constructions (ACT) Pty Ltd and following this, on 20 July 2017, RSM Australia were appointed as liquidators of this…
On 2 August 2017, the ACT Civil and Administrative Tribunal (ACAT) handed down its decision In the Matter of Ruling Tribunal, section 31 of the Unit Titles (Management) Act 2011 (Civil Dispute) [2017] ACAT 56. This is a long awaited decision which indicates what expenses an owners corporations can recover after suing a lot owner…
In The Owners – Units Plan 68 v Haughey (Unit Titles) [2016] ACAT 131 the respondent installed a hot water system on the back wall of his unit which was common property where it remained for nearly five years. Ultimately, a question arose as to whether the respondent had permission to place the hot water…
In Floro v Owners – Units Plan No 630 (Unit Titles) [2017] ACAT 4 the applicant, Ms Floro, sought a review of a decision of the respondent owners corporation to decline to grant owners within the complex a ‘special privilege’ to erect support poles for a carport on an area of common property adjoining their…
The reason the ACT is virtually unique in Australia arises from the idea that as a city develops, the value of land increases. Such was the concern that landholders and particularly land speculators (who had done nothing to create the increase in value) would benefit, a social experiment arose. That experiment enabled the increase in…
From 15 December 2016 the civil dispute jurisdiction of the ACT Civil and Administrative Tribunal (ACAT) has increased from $10,000 to $25,000. This means that owners corporations seeking debt recovery of up to $25,000 may proceed in ACAT rather than in the ACT Magistrates Court, unless a request is made by either party to proceedings to…
The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy recovery proceedings was contrary to the provisions in the ACT Civil and Administrative Tribunal…
On 20 August 2016, the Building and Construction Legislation Amendment Act 2016 (the Legislation) commenced operation. The Legislation is the culmination of several years of consideration by the ACT Government and amends the following laws: Building Act 2004; Building and Construction Industry (Security of Payment) Act 2009; Building (General) Regulation 2008; Construction Occupations (Licensing) Act…
A class action is being mounted against the developers of at least 13 apartment buildings across Canberra for the refund of GST incorrectly charged as part of the purchase price on new residential units. Read more by Katie Burgess.