Skip to content Skip to footer

Case Note. Doherty v The Owners – Strata Plan No. 36613 [2021] NSWCATAP 285

This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here.   An old high rise apartment building had numerous balcony balustrades which were common property. The balustrades complied with the applicable ordinances at the time they were built. However, the…

Read More

Property Developer’s Bill 2023

On Thursday 29 February 2024 Kerin Benson Lawyers made a submission to the Inquiry into the Property Developers Bill 2023. Please click here to access the submission. On Thursday 7 March 2024 Christopher Kerin appeared before the ACT Legislative Assembly’s Standing Committee on Planning, Transport and City Services for its Inquiry into the Bill. Click here to watch. Christopher's appearance at…

Read More

Hill v Construction Occupations Registrar; Jones v Construction Occupations Registrar (Administrative Review) [2021] ACAT 21

On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations. The amendments included new sections 39A and 39B. Section 39A allows the Registrar to make a rectification order…

Read More

The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227

These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation commenced ACT Supreme Court proceedings against the Builder claiming numerous breaches of statutory warranties under the Building Act. After…

Read More

Davies & Anor v Capital Homes Pty Ltd (Civil Dispute) [2017] ACAT 111

Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area described in the floor plan as the “alfresco” area.…

Read More

New Dispute Resolution Scheme under the Building Act 2004

In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by inserting a new part 6A into the Building Act (the Scheme). Please note that while…

Read More

Lacrosse Apartments VCAT Decision – Combustible Cladding and Important Liability Issues for Building Consultants

On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of the judgement was a fire which took place in November 2014 at the Lacrosse…

Read More

University Research Project on Building Defects

Deakin and Griffith Universities are undertaking a research project on building defects. One part of the project involves interviewing stakeholders (including committee members) about their experiences and opinions dealing with building defects. All participant information will be re-identified to provide anonymity. If you are interested and available, the researchers can interview you via teleconference at…

Read More