Defence Work
It is not uncommon for proceedings to be commenced against an owners corporation, often arising from property damage or personal injury claims. In many cases, the owners corporation will make a claim under its insurance policy and require legal representation to assist with the defence of the proceedings.
As specialist owners corporation lawyers, we assist clients not only with the defence of claims, but also with navigating their insurance arrangements. This includes advising on notification and reporting obligations, liaising with insurers and claims managers, and ensuring defence strategy is aligned with policy response and indemnity positions.
Property Insurance -Defence Work
Bugden Allen regularly acts as defence counsel for owners corporations and strata managers in claims brought by lot owners and third parties. Our combined expertise in owners corporation legislation and insurance law allows us to provide integrated advice that supports effective claim management and commercially sound outcomes.
Strata and Property Liability Defence
Our defence work is grounded in a detailed understanding of state-based owners corporation and strata legislation, and how those statutory obligations interact common law liability and insurance coverage. We understand how statutory obligations imposed on owners corporations intersect with occupiers’ liability, negligence claims and insurance coverage considerations.
We regularly act for owners corporations and strata managers in defending claims brought by lot owners, occupants and third parties, and in matters where liability issues arise alongside insurance notification, indemnity and claims management considerations.
We act in matters involving:
Alleged breaches of statutory duties
Public and occupiers’ liability claims
Water ingress and damage claims
Common property maintenance disputes
Regulatory and compliance issues
Proactive and Commercial Defence Strategy
Our approach to defence work is proactive, strategic and commercially focused. We work closely with insurers and insureds, including owners corporations and strata managers, to identify key liability and evidentiary issues at an early stage, assess exposure and prospects realistically, and develop defence strategies aligned with insurer objectives and the operational realities of the scheme.
Where appropriate, we pursue early and efficient resolution of claims without compromising liability positions or long-term risk considerations. Where matters cannot be resolved at an early stage, we are experienced in defending proceedings through Tribunal and Court processes, with a focus on managing cost, risk and outcome throughout the life of the matter.
Integrated Insurance and Strata Expertise
Our defence work is informed by the close integration of our insurance coverage advice, strata disputes and governance expertise, and experience in building defects and liability matters. This allows us to approach defence matters with a holistic understanding of risk, insurance response and the broader statutory and commercial context in which claims arise.
By considering coverage, liability and governance issues together, we are able to manage defence matters strategically, anticipate downstream implications and support outcomes that are both legally sound and commercially effective.
Why Bugden Allen
Clients engage Bugden Allen for defence work because of our:
- specialist strata and insurance expertise
- strong understanding of statutory liability frameworks
- disciplined, evidence-driven defence approach
- focus on efficient, cost-effective outcomes
We aim to deliver robust defence outcomes while managing cost exposure and risk for both insurers and insureds.
To discuss defence of a strata or property insurance claim, contact our property insurance team.
Defence Work — FAQs
Your Questions Answered
What types of defence work do you undertake?
Who do you act for in defence matters?
Do you defend personal injury claims?
How are water ingress claims defended?
Do defence matters always go to Court or Tribunal?
How do you manage legal costs in defence matters?
Do you work closely with insurers?
When should legal advice be sought in a defence matter?
Our success stories
Relevant insurance work experience
Defence Work | Victoria
Bugden Allen acted for an insured lot owner in Tribunal proceedings concerning ongoing water ingress, where it was unclear whether the source originated from common property or within the lot. We analysed strata plans and building documentation, coordinated expert evidence, and advised on the statutory framework governing maintenance and repair obligations. We also considered the operation of the insurance policy depending on the source and cause of the ingress. Through detailed factual and expert analysis, the source of the issue was clarified, enabling the Tribunal to determine responsibility and bringing certainty to the parties involved.
Successful outcomes
Clear Outcome
Responsibility determined by Tribunal
Expert Strategy
Strong factual and expert evidence developed
Uncertainty Resolved
Source of water ingress clearly identified
EXPLORE OUR EXPERTISE
Specialist legal advice across the property lifecycle
Property Development
We advise developers, landowners and investors on the planning, structuring, delivery and sale of property projects.
Our work covers strata and community title developments, mixed-use projects, leasehold and land lease developments, master-planned communities, collective sales and off-the-plan project conveyancing.
Strata & Community Titles
We are recognised specialists in strata and community titles law, advising owners corporations, committees, strata managers, developers, government and financiers.
Our practice covers governance advice, levy recovery, by-laws, management rights, building defects, strata disputes and statutory administrations.
Strata & Community Titles
Property Litigation
We resolve disputes arising from the ownership, development, governance and use of property.
Our team acts in boundary disputes, building defect claims, by-law enforcement, strata renewal matters and other high-stakes property conflicts, across negotiation, mediation, tribunals and courts.
Property Insurance
We act for insurers, strata managers, owners corporations and corporate clients on complex property-related insurance matters.
Our work spans coverage advice, liability defence, personal injury claims and subrogated recoveries, with a focus on technical accuracy, risk management and commercially sound outcomes.
Corporate & Commercial
We provide corporate and commercial legal services for property clients, businesses and investors.
Our work includes banking and finance,buying and selling businesses,software and
technology consulting, immigration law,wills and estates,and commercial matters connected with our property and strata practices.
Corporate & Commercial
Property Development
Strata & Community Titles
Corporate & Commercial
Property Litigation
Property Insurance
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- A firm with integrity
- Leading experts
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wHAT TO EXPECT
A member of the Bugden Allen team will be in contact within one business day.