On 28 January 2019, Christopher Kerin was quoted in the Canberra Times in relation to defects in high-rise apartments. To read the full article click here.
On 3 December 2018, the Canberra Times published an article on owners’ legal action over defects with particular focus on Elara apartments as the owners prepare for Federal Court action against the builders’ insurance fund, which could end years of legal wrangling and building disputes over the controversial Bruce development To read the full article,…
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…
The Canberra Times has reported on the current and ongoing “Inquiry into Building Quality in the ACT” which was announced in April 2018 by the ACT Legislative Assembly. Click here to read the article. The Standing Committee on Economic Development and Tourism, which is in charge of the Inquiry, has resolved to inquire into and…
In a key decision for ACT owners corporations, the High Court of Australia recently rejected a special leave application by the builder of Lagani Apartments to appeal the decision of the ACT Court of Appeal in Koundouris v The Owners – Units Plan No 1917 [2017] ACTCA 36. This High Court decision is important because…
On 28 February 2018, the ABC News (ACT) ran an in depth story on a well-known ACT developer and the problems various ACT apartment owners have had in getting building defects rectified. To watch the video, click here.
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.
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 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.
The Uniform Civil Procedure Rules 2005 (NSW) authorise the referral of certain matters in litigated proceedings to an independent referee. The referee’s determination of the referred matters can then be adopted or rejected by the court. The importance of expert evidence and, in particular, the joint report prepared by the experts for the referee, is…