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Strata Managers as Fiduciaries

A paper by Gary Bugden OAM. April 2021. Preliminaries 1. Coverage In this paper I will consider: what we mean by a “fiduciary”; how to determine if a fiduciary relationship…

Case Note: Owners Corporation 1 Plan No. PS735439F v Singh (Owners Corporations) [2022] VCAT 389

This article was written by Justine Nguyen of our Melbourne office and published on our web site on 14th November 2024. In this critical test case, VCAT made a ruling…

NSW – Parliament passes the Residential Tenancies Amendment Bill 2024

The Residential Tenancies Amendment Bill 2024 (the “Amendment Bill”) has been passed in the Parliament on 24 October 2024 and is awaiting assent. The Amendment Bill will make several changes…

Ensuring Compliance and Fair Decision-Making for Stair Repairs in a Townhouse Complex

Question: How can I ensure that all owners in our townhouse complex consider the potential consequences of unsuitable stair repairs, especially when only a limited number of units are directly…

Contribution Entitlements Can Be Changed Again!

  A recent QCAT decision by His Honour DJ McGill SC has reopened the door for applications to change CSLEs. If there has been a change to your legal rights,…

Queensland prepares for new Property Law Act and seller disclosure regime

1 August 2025 will mark the advent of important new real estate laws in Queensland. All applicable legislation, and approved forms, have now been released, and so there is now…

A patio pandora’s box of issues

Question: The selling agent approved two patios in our new building when they were the only committee member. The patios are now causing a nuisance to other lots. Was the…

Are Adjudicators required to comply with human rights law when deciding body corporate disputes?

There is a strong indication that adjudicators making orders in relation to disputes brought under the dispute resolution provisions of Queensland's strata title laws are not required to have regard...

What are the statutory or regulatory controls on storage of strata scheme records?

Q: Our committee autocratically adopted a cloud-based information management system. Are there any statutory or regulatory controls on the storage of strata records? Our strata committee has autocratically adopted a...

Strata Building Bond Increase in NSW

The increase of the building bond percentage rate to 3% will apply to all new applications from 2 November 2024. On 21 November 2023 Parliament passed the Building Legislation Amendment...

Key Lessons from SafeWork NSW Prosecutions: Strata Management and Safety Compliance

A heart-breaking, cautionary tale for strata managers and owners corporations emerges from the decisions in SafeWork NSW v Chris Darby Strata Pty Ltd [2024] NSWDC 360 and SafeWork NSW v…

NSW – Strata Managing Agents Legislation Amendment Bill 2024 introduced

The Strata Managing Agents Legislation Amendment Bill 2024 was introduced in the Legislative Assembly on 14 August 2024.On 30 October 2024, the Governor proclaimed that the amendments would take effect...

IPART Publishes Final Embedded Networks Report

The NSW Independent Pricing and Regulatory Tribunal (IPART) has completed its review of the future of embedded networks in NSW. It recently published its final report. The NSW Government introduced…