Property, strata and development law specialists in 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.

Bugden Allen was engaged by an insured owners corporation to advise on a disputed property damage claim where the insurer relied on late notification and alleged prejudice. We reviewed the factual circumstances surrounding notification, analysed the relevant policy terms and considered the application of the Insurance Contracts Act 1984 (Cth). Our advice clarified the insurer’s position and the extent to which prejudice had been established. Through targeted engagement and negotiation, the matter was resolved by agreement, resulting in an improved indemnity outcome for the insured and avoiding formal dispute proceedings.

Bugden Allen was engaged by an insured owners corporation following a significant property damage claim where coverage was uncertain. Key issues included notification, the scope of cover and the application of policy exclusions. We provided independent coverage advice, analysing the policy wording, endorsements and conditions and applying them to the evolving circumstances of the claim. Our advice clarified the insurer’s indemnity position at an early stage, reducing uncertainty and avoiding escalation of the coverage dispute. This allowed the underlying claim to progress efficiently and on a commercially sensible basis.