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.
The applicants are the owners of three units in a block of six. The respondents are the owners corporation and the owners of three other units with a combined…
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.
The applicants brought a claim in nuisance against their neighbours, the respondents, and alleged that a large gum tree growing on the respondents' land created a substantial and unreasonable…
Our Christopher Kerin, spoke with Stephen Cenatiempo of 2CC Talking Canberra Local Breakfast on 05 March 2025 to discuss the Legislative Assembly’s Inquiry into the management of strata properties and in particular the role of the proposed strata commissioner.
https://kerinstratalawyers.com.au/wp-content/uploads/2025/03/2CC-interview-05-March-2025.mp3
The ACT Legislative Assembly is currently holding an Inquiry into Management of Strata Properties. Kerin Benson Lawyers made a submission to this inquiry on 28 February 2025 a copy of which may be read below:
Submission of Kerin Benson Lawyers
Our Christopher Kerin, spoke with Georgia Stynes of ABC Canberra Drive on 26 February 2025 to discuss the Legislative Assembly's Inquiry into the management of strata properties and in particular the role of the proposed strata commissioner.
https://kerinstratalawyers.com.au/wp-content/uploads/2025/02/Chris-interview.mp3
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…
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…
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…
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.…
This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to compensate him for his injury.
The key issue in this…
This matter relates to a units plan development consisting of two townhouses. The owners of the two units brought this claim in their capacity as the owners corporation against the respondent, Civium Property Group Pty Ltd (Civium), who they incorrectly thought was the developer of the units plan but was the managing agent for the…
Units Plan No 346 consists of 16 Class B residential units and common property. The applicants are unit owners of three of the 16 units, collectively holding 17.88% of the total unit entitlement. At its reduced quorum annual general meeting on 14 January 2019 (the AGM), the owners corporation elected two persons to its executive…