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News & Article

Stage 2 strata reforms for the ACT expected 1 July 2023

As part of their Managing Building Better legislative reforms, the ACT Government is continuing to amend legislation related to unit titles to improve the management of apartments, townhouses and mixed-use…

VCAT rules that no special resolution is required for levying fees to repair and maintain community-wide features

An article by Austin Dou, from our Melbourne office, with assistance from Chris Oster and Michelle Ang. 10th May 2023. — In the recent VCAT decision of Owners Corporation No…

GAMING THE HOUSING CRISIS: Can Queensland legislate unit owners out of a Nash Equilibrium?

An article by Michael Kleinschmidt, Partner in our Queensland office. Published: 18th May 2023 —- One of my favourite (though admittedly now very ‘un-PC’) cinematic moments, is the bar scene…

Update on QLD strata legislation reforms

There is still no word from the Queensland Government on when expected changes to the Body Corporate and Community Management Act 1997 (BCCM Act) will come into effect. The Attorney-General…

Who is responsible for water-proofing a balcony?

A question from a NSW strata owner: The top floor owners wish to establish a garden on their balcony which is above the rooms of the apartment below. A new…

PRESS RELEASE: BAGL merges with leading Sunshine Coast firm Stratum Legal

2nd February 2023. We are pleased to announce we have signed an agreement to complete a merger with a boutique body corporate law practice on the Sunshine Coast. Bugden Allen…

Defect insurance policy for NSW developers

The NSW Government has announced the introduction of a new insurance product “decennial liability insurance”. Whilst already available in 30 other countries, this is Australia’s first. Under the scheme, developers…

Voidable transactions and the peak indebtedness rule

In a 2021 appeal decision of the full bench (Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC…

NSW Update: Contract for the Sale and Purchase of Land 2022 Edition

The Law Society of NSW has released a 2022 edition of the Contract for Sale and Purchase of Land in NSW.   It is an update from the previous 2019 edition….

Supreme Court finds Directors may be sued for defect construction works

In Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368, which was decided on 12 October 2022, the Supreme Court refused to limit the class of “persons” who…

NSW update: Commencement of Conveyancing (Sale of Land) Regulation 2022

The Conveyancing (Sale of Land) Regulation 2022 commenced on 1 September 2022 and replaced the Conveyancing (Sale of Land) Regulation 2017 which has now been repealed. The Regulations have been…

Queensland Developer prosecuted

A Sunshine Coast body corporate has successfully prosecuted the developer of its staged development for failing to give notice of its intention to change the community titles scheme.* Under section…