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Storm Clouds Ahead for Owners Corporations (NSW version)

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects in the common property…

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Implementation of Home Building Amendments Delayed to Mid-January 2015

The Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014. The Minister says consumers’ “protections and rights would remain intact under the new home building reforms” and further, consumers “continue…

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Storm Clouds Gather for Owners Corporations [ACT version]

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in the ACT. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects in…

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Storm Clouds Gather for Owners Corporations [NSW version]

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners in New South Wales. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects…

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Cracking Phoenix Eggs

It has been reported that the Australian Securities and Investments Commission, Australian Tax Office and Fair Work Building and Construction have recently begun cooperating to crack down on builders liquidating their companies to avoid repaying creditors including the Tax Office, employees, and contractors.  In particular, the Tax Office is compiling evidence given to it by…

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Kerin Benson Lawyers Guide to Obtaining a Rectification Order

This is a brief outline of what occurs during the process of obtaining a rectification order from the ACT Planning and Land Authority (ACTPLA or otherwise known as the Environment and Sustainable Development Directorate) against a building licensee (including a nominee of the builder). The information contained in this guide is for informational purposes only and is…

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