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…
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law.
The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word ‘maintain’ was included in the wording of motion 5, while the…
This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November 2016, the Owners Corporation passed a resolution to replace…
The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7 effectively sought the re-appointment of the strata…
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible for the maintenance of the exterior of their units (such as…
The owners corporation sought orders requiring Mr Perkins, the owner of unit 35, to refurbish his bathroom to prevent water egress into unit 34 (the unit below unit 35).
ACAT Senior Member Robinson distinguished the facts of this case from The Owners – Units Plan No 1917 v Koundouris [2016] ACTSC 96 on the basis that…
This case involved an owners corporation suing a builder to recover losses and expenses arising from building defects.
In that case, it was observed that the bathrooms of various units were not common property and therefore the only way in which the installation of waterproofing in the bathrooms of these units could be the responsibility of…
Local ACT Builder Banyan Constructions Pty Ltd, was put into liquidation on 20 January 2020. This is likely to have significant repercussions for the owners of residential units built by Banyan Constructions in the last 5 years.
Cracking up – a Four Corners report that highlights the issues of faced in strata and other high rise buildings featuring our own Christopher Kerin.
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…
NSW Government – building standards update The newly re-elected Berejiklian Government has announced its plan in response to the Building Confidence Report commissioned by the Building Ministers’ Forum in August 2017. The independent expert review by Professor Peter Shergold AC and Bronwyn Weir examined building regulatory systems around Australia and found there are national problems…
On 6 February 2019, Christopher Kerin was interviewed by WIN News Canberra in relation to the building defects in the ACT. The full interview is provided below.