Strata

Chambers Russell Lawyers is a dedicated legal service provider to the strata and community title sector. We act for all stakeholders in the built-environment, including consultants, contractors, community associations, developers, owners corporations, lot owners and strata managing agents. The delivery of our legal services comes with an in-depth understanding of the multitude of interests and interactions within these communities.

We assist with the proper functioning and management of strata and community title schemes. Attending meetings, drafting by-laws and advising stakeholders on the relevant statutory and procedural laws under the Strata Schemes Management Act 2015 and Community Lands Management Act 1989 are just a few of the services we provide. Our lawyers also provide a full complement of dispute resolution services, including adjudication applications, defective work and home warranty insurance claims, levy recovery, mediation and litigation services across all jurisdictions. We are commercially focused and provide cost-effective and timely legal solutions in every matter.

Our legal services and expertise include:

  • Access agreements
  • Adjudication claims
  • Building and insurance claims
  • By-law amendment and drafting
  • By-law review, consolidation and registration
  • Construction contracts
  • Conveyancing
  • Council approvals and orders
  • Defective work claims
  • Dividing fence legislation
  • Home warranty insurance / Insurance under the Home Building Compensation Fund
  • Leasing
  • Licensing
  • Levy recovery
  • Management advice
  • Pet disputes
  • Retaining walls
  • Service agreements
  • Strata adjudication
Thomas Waugh Senior Associate with expertise in strata law (02) 8248 2803 twaugh@chambersrussell.com.au

Strata Resources

  • Lot owner derivative actions In Tan v The Owners - Strata Plan No 22014 (No 2) [2015] the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so. Published by Daniel Russell and Katherine Flynn on June 1, 2016
  • 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 and Thomas Waugh on June 1, 2016
  • Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia [2015] NSWSC 1916 The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited [2015] NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation. Published by Daniel Russell and Haz Zainal-Grote on March 31, 2016
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