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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…

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…

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…

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…

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…

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…

The Strata Managing Agents Legislation Amendment Bill 2024 was introduced in the Legislative Assembly on 14 August 2024. The proposed amendments will affect Strata Schemes Management Act 2015 (“SSMA”), Property…

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

Question: One lot in our body corporate takes up 40% of the complex but only pays 14% of the insurance. Can we apportion the insurance premium so they pay their…

In the case of Owners Corporation Plan No. SP028789R v Shout Rock Cafes Pty Ltd [2024] VCAT 339 (OC v Shout Rock), the Victorian Civil and Administrative Tribunal (Tribunal) confirmed…

Question: In our complex of nine units, the penthouse owner built a pergola and adjoining patio roof on their large landing. The patio roof needs repairs. Who is responsible for…

Overview: The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 received Royal Assent on 6 June 2024. The Act includes important changes to the economic reasons termination…

Q: We have repeatedly asked our strata manager to disclose the insurance premium and their commission. We’ve failed to receive satisfactory supporting documents. What is the best approach in regard…