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News & Article

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…

Strata Managers are undervalued and underpaid.

An article by Michael Kleinschmidt, Partner. Date of publication: 8th April 2024. — I spend more on my annual Netflix subscription, than the base management fee I pay my strata…

April 2024 – Strata Regulatory Watch

In this edition we cover: NSW: Case Update : Diaspora Holding Pty Limited & Anor v The Owners Strata Plan No. 68608 [2024] NSWDC 46 Blog Post : E-bikes and…

Workplace Health and Safety Obligations “To be, or not to be”…. a PCBU

There has been considerable discussion about workplace health and safety, particularly in Western Australia due to the relatively recent enactment of the Work Health and Safety Act 2020 (WA) (Act). …

Case Note: Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205

This case note was written by Eve Whitmore, an Associate in our Melbourne office (and peer reviewed by Tim Graham). — On 5 March 2024, President of the Victorian Civil…

Case Note: Owners Corporation 1 PS No. 834726V v Melbourne Owners Corporation Services Pty Ltd (Owners Corporations) [2024] VCAT 199

This case note was written by Justine Nguyen, a Solicitor in our Melbourne office (and peer reviewed by Tim Graham). — On 5 March 2024, VCAT handed down its decision…

Enhancing Community Living: Queensland’s Body Corporate Reforms

Commencement date for the BCCMA amendments Exciting developments are on the horizon for residents and property owners within community titles schemes in Queensland. With the proclamation of the Body Corporate…

Case update – Diaspora Holding Pty Limited & Anor v The Owners Strata Plan No. 68608 [2024] NSWDC 46

Case update – Diaspora Holding Pty Limited & Anor v The Owners Strata Plan No. 68608 [2024] NSWDC 46 – tort of unlawful interference with trade – decision date 1…

e-Bikes and e-Scooters – The potential implications for owners corporations

The last 12 months have seen an increase in the number of fires resulting from the charging of e-bikes, e-scooters and the like.  Many insurance policies will not yet exclude…

Choosing to be a Professional Strata Manager

An article by Michael Kleinschmidt, a Partner of our Queensland office. — After the bombshell of the 7:30 Report into Netstrata last week, most of the sector has jumped into…

Q&A -“Can our executive committee force lot owners to de-sex pets?”

This article, written by our Queensland Partner Michael Kleinschmidt first appeared in the QLD LookUpStrata Newsletter. Question:  A “dot point” clause in our body corporate by-laws forces lot owners to...

January 2024 – Strata Regulatory Watch

In this edition we cover: NSW: Changes to strata and community titles laws in NSW NSW : The Mascot Towers case Blog Post: Stratum Title – the manna of property title QLD: BUGT and QLD…

Case Decision summary : The Owners of Dolphin Apartments Mandurah Strata Plan 49518 v Poland Superannuation Pty Ltd [2023] WASC 452

Decision of Lundberg J, delivered 28 November 2023 In this recent decision of the Supreme Court of Western Australia, the Court upheld the decision of the State Administrative Tribunal (Tribunal)…