Articles & Resources

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Case Note ~ Tribunal says no to smoking

Smoke drift from neighbours in two cases before the NSWCAT was determined to be a nuisance and a hazard. In Gisks v The Owners and Pittman v Newport, respondents were ordered to stop smoking on their balconies and to take steps to prevent smoke from drifting into other lots.

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Case Notes ~ Due Care & Skill

In Shields v Natlaw Pty Ltd & Anor [2023] ACAT 44, the Tribunal held that a solicitor isn't required to advise on property risks, such as obtaining an asbestos report. The decision emphasized the buyer's access to information and cleared the solicitor of negligence, focusing on their legal role rather than property-related risks.

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Case Notes ~ Defamation in Strata Communities

In READ v GITMAN [2023], a Strata Manager was ordered to pay $35,000 in damages for defaming an EC member. False accusations in emails led to a defamation case, emphasising the consequences of such actions in strata management.

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Case Notes ~ Approving Use of Common Property

Explore a recent legal case delving into the boundaries of approving common property usage - Learn how the tribunal's evaluation of minor use and unreasonable interference shaped the outcome.

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Case Notes ~ The Real Cost of Levy Arrears

Explore the legal intricacies of debt recovery and expenses in strata management through a real case example - 'The Owners – Units Plan No 1447 v Carroll (Civil Dispute) [2022] ACAT 1'. Delving into unpaid levies, interest, and legal costs under Unit Titles (Management) Act 2011.

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