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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…

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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…

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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…

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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…

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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.…

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Smith v Owners Corporation – Unit Plan 3115 (Unit Titles) [2021] ACAT 28

The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent. The applicant claimed he locked his bike on the bike stand located on the common property because he was unable to secure his bike in the locked cage…

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Nasser v The Owners – Units Plan No 3063 XD 794 of 2014 [Unreported ACAT decision – 17 September 2014]

The apartment building contained building defects. The applicant was the owner of a unit in that building (the Unit). As part of the process of identifying the defects, investigating the cause and engaging in a collaborative repair process with the original builder, the owners corporation had arranged for several inspections of both common and lot…

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