11 Dec 2023 Property Mascot Towers - Termination of a strata scheme and priority in strata lending In a recent landmark decision the NSW Supreme Court refused an application to terminate the strata scheme of the beleaguered Mascot Towers complex.
8 Nov 2023 Property Modernising Queensland property laws: The Property Law Act 2023 (Qld) The Property Law Act 2023 passed Parliament on 25 October 2023. Although commencement is anticipated to be delayed, the Act will replace the Property Law Act 1974 (Qld) and aims to modernise Queensland’s property laws.
26 Oct 2023 Construction Corporate and commercial Property Navigating the Unfair Contract Terms Regime. Is your business affected by the changes? 98% of all Australian businesses are affected by the unfair contract terms regime, and by 9 November 2023, should manage their risk around unfair contract terms. Failure to do so can have severe consequences.
25 Sep 2023 Property Is there a way to reverse a resolution or election at a meeting of the owners corporation? An owner or mortgagee may apply to the Tribunal to have a resolution or election of the owners corporation invalidated or nullified. Whether the Tribunal makes the order will depend on individual circumstances.
7 Sep 2023 Property Corporate and commercial Latin is not dead - anomalies in property titling We regularly do what it takes to correct titling anomalies. Sometimes it takes a crash course in Latin.
16 Aug 2023 Insurance Property Strata Management Statements and the Strata Schemes Management Act 2015: Inconsistencies in ... A recent case in the NSW Court of Appeal has highlighted the importance of ensuring Strata Management Statements are in accordance with the Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Development Act 2015 (NSW).
4 Aug 2023 Insurance Corporate and commercial Vicarious liability not extended in shared staff accommodation incident The High Court has allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland, holding that vicarious liability did not extend to the circumstances.
31 Jul 2023 Corporate and commercial Insurance Education Northern Territory strengthens child sexual abuse laws In late July, the Northern Territory parliament passed amendments to the Criminal Code Act 1983 (NT) replacing the term "sexual relationship" with "repeated sexual abuse" in the context of children.
24 Jul 2023 Corporate and commercial Insurance Permanent stay of proceedings granted in a historical abuse claim The Supreme Court of Queensland has ordered a permanent stay of proceedings in a historical abuse claim in ADA v State of Queensland [2023] QSC 159.
20 Jul 2023 Corporate and commercial Insurance Costs orders in cases of historical child abuse The NSW Supreme Court has ordered a plaintiff to pay the defendant's costs in BTM1 v Scout Association of Australia New South Wales Branch (No.2) [2023] NSWSC, a case predicated on a claim of historical child abuse.