Resources

Daniel's Publications

  • 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
  • "Riddled with Structural Defects" - Certifier Liability A recent decision of the Supreme Court of New South Wales has determined that a Council taking on the roll as the PCA in respect of a residential building owed and breached a duty of care to a subsequent purchaser. The decision may be of particular significance to owners in circumstances where they are out of time to pursue other parties or cannot do so for other reasons such as the death, disappearance of insolvency of the original builder. Published by Scott Chambers, Daniel Russell and Katherine Flynn
  • Amendments to the Home Building Act 1989 A number of key amendments to the home building laws in New South Wales have now come into operation. The amendments have wide ranging implications impacting on licencing, defect litigation and home warranty insurance. A number of considerations that arise from the amendments are discussed in this article. Published by Scott Chambers and Daniel Russell
  • Uncertainty with section 80D resolved The Court of Appeal has recently considered the legal obligations of owners corporations and executive committees under the Strata Schemes Management Act 1996 in the context of the commencement of legal proceedings. The case resolves a line of a number of inconsistent authorities and provides answers to some important questions concerning the management and administration of strata schemes. Published by Scott Chambers and Daniel Russell
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