Author: Zac Morehouse

Changes to the Strata Schemes Management Act 2015. Nine amendments effective now, or soon…

Changes to the Strata Schemes Management Act 2015.

Published by Chris Prestipino

What are my Rights and Obligations in Respect of Defects or Repairs in my Lot?

Legal battles may be complex, time-consuming, and costly. In order to avoid unnecessary disputes, it is important to be aware of your rights and obligations arising from living in strata. Particularly, it is important to be aware of your rights and obligations in respect of potential defects or repairs that may affect your lot. An overview of some key considerations is provided below.

Published by Daniel Russell, Cameron Wilson and Ryan Machado

Update: Re-introduction of temporary COVID-19 measures to assist strata schemes

Update: Re-introduction of temporary COVID-19 measures to assist strata schemes

Published by Chris Prestipino

Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020

On 2 October 2020, the Queensland Government released Justice Legislation (COVID-19 Emergency Response—Community Titles Schemes and Other Matters) Regulation 2020.

Published by James Nickless

New BCCM Regulation Modules 2020

On 29 September 2020, the QLD government released the long-awaited new body corporate and community management regulations, with the changes to come into effect on 1 March 2021. The new regulations represent the most significant change for many years in the way that bodies corporate are administered.

Published by James Nickless

Why Owners Corporations Should Recover Levies During the COVID-19 Pandemic

The COVID-19 pandemic has brought with it much financial and economic turmoil. Despite the efforts of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) and the JobKeeper scheme, there is a lot of uncertainty in this economic climate. Such uncertainty does not alleviate an owners corporation’s rights and obligations with respect to strata schemes and it is important the owners corporation continue to recover outstanding levies. This article considers why that is the case.

Published by Gino Joseph and Ryan Machado

Recovery of Legal Costs in Claims for Statutory Benefits: AAI Ltd trading as GIO v Moon [2020] NSWSC 714

The Supreme Court recently confirmed a Claims Assessor in the Dispute Resolution Service can permit payment of legal costs incurred by claimants outside the regulated amount under the Motor Accident Injuries Regulation 2017 where there are exceptional circumstances in connection with a claim for statutory benefits.

Published by Daniel Russell and Ryan Machado

Beneficiaries of policies issued under the Home Building Compensation Fund

In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989.

Published by Daniel Russell

Temporary Relief for Financially Distressed Directors: Coronavirus Economic Response Package Omnibus Act 2020 (Cth)

The Coronavirus Economic Response Package Omnibus Bill 2020 received Royal Assent on the 24th of March, manifesting as the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (“Omnibus Act”). The Act prescribes, amongst other legislative amendments, temporary changes of 6 months duration to insolvency and corporations laws to assist with financial distress caused by the COVID-19 pandemic.

Published by Daniel Russell and Ryan Machado

What happens if a tenant is unable to pay rent because of the COVID-19 pandemic?

During the COVID-19 pandemic, the national cabinet on 29 March 2020 issued a 'Statement of Principles' relating to commercial and residential tenancies. Further on 7 April 2020, the national cabinet released a mandatory Code of Conduct setting out 11 leasing principles. The Federal Government's response provides certainty and guidelines to tenants in commercial and retail arrangements and in turn provides direction to State Governments to implement and regulate the area.

Published by Daniel Russell and Chris Prestipino

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