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Case Note. Victory Homes Pty Ltd v Construction Occupations Registrar & Anor (Administrative Review) [2020] ACAT 53 

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.   This application was for review of a decision by the respondent on 22 March 2019 to make a rectification order pursuant to section 38 of the Construction…

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A Bureaucracy is Required – Property Developers Bill 2023

On Thursday 30 November 2023 the Property Developers Bill 2023 (Bill) was tabled before the Australian Capital Territory Legislative Assembly and referred to the Standing Committee on Planning, Transport, and City Services (Committee). Click here to access the Bill. On Thursday 14 December 2023 the Committee decided to hold an inquiry into the Bill (Inquiry). On Thursday…

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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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The Australian College of Midwives Ltd v The Owners – Units Plan No. 1475 (Unit Titles) [2022] ACAT 73

1. This dispute related to a ten-storey concrete building known as City Plaza that was subdivided by the registration of Units Plan No 1475 in April 1996. The ground floor contains eight commercial units numbered 1 to 8. The first floor contains seven commercial units numbered 9 to 15. The second to ninth floor contains…

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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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