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Ward v Owners Corporation PS723358X-1 (Owners Corporations) [2025] VCAT 823 (17 September 2025) Apportionment of administrative and maintenance expenses between unlimited and limited owners corporations, duty to act with due care and diligence in apportioning expenses, s167(1)(d) Owners Corporations Act 2006 (Vic), where failure to apportion is oppressive and unfairly prejudicial and discriminatory to some lot owners; declarations made accordingly. Download Case PDF

Member Content2026-01-19T17:40:56+10:00

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Musumeci v The Owners - Strata Plan No 11583 [2025] NSWCATAP 185  (5 August 2025) LAND LAW – Strata title – whether strata scheme functioning satisfactorily – whether the owners corporation had failed to perform one of its duties – whether to appoint compulsory strata managing agent Download Case PDF

Member Content2025-12-18T14:04:37+10:00

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Ducrou v The Owners - Strata Plan No SP33591 [2025] NSWCATCD 136 (18 September 2025) LAND LAW — strata title — common property — staged development — interpretation of strata plan of subdivision excepting “pipes, wires, ducts, and cables” from lot property — whether gutters and downpipes fall within exception as “pipes”. LAND LAW — strata title — owners corporation — powers, duties, rights and liabilities — duty to maintain [...]

Member Content2025-12-18T13:56:13+10:00

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Baggott & Anor v Whafjlm PIL & Anor [2000] QSC (9 June 2000) Contract for the sale of management rights business - standard REIQ contract - not an assignment - body corporate meeting - not 21 days notice - entitlement to terminate by purchaser. Download Case PDF

Member Content2025-11-23T13:06:21+10:00

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Baluri v The Owners – Strata Plan No 11258 (No 2) [2025] NSWCATAP 284 ( 7 November 2025) REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property –alleged damage to lot property from alleged breach of duty – measure of damage to lot property when renovations occurred – whether relevant pipes were common property -Strata Schemes Management Act 2015 (NSW) s 106 - [...]

Member Content2025-12-18T13:54:31+10:00

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Keybeach Pty Ltd v Owners Corporation Plan No. PS426578P [2025] VSC 621 (03 October 2025) EQUITY – Developers purchased property via special purpose vehicle (‘SPV’) – Building and development business – Pre-existing lease between former owner and telecommunications group relating to roof equipment (‘1996 Lease’) – 1996 Lease commercially lucrative – Plan of Subdivision prepared to sell lots – Roof identified as common property vested in body corporate under strata [...]

Member Content2026-01-19T17:43:57+10:00

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Baluri v The Owners – Strata Plan No 11258 [2025] NSWCATAP 246 (3 October 2025) REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property –alleged damage to lot property from alleged breach of duty – measure of damage to lot property when renovations occurred – whether relevant pipes were common property -Strata Schemes Management Act 2015 (NSW) s 106 - Strata Schemes Development [...]

Member Content2025-12-18T13:54:06+10:00

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Body Corporate for Flagstone Village CTS 33183 v Valuer-General, Department of Resources [2025] QCAT 348 (18 September 2025) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES, AND LIABILITIES – where s 312 of the Body Corporate and Community Management Act 1997 requires a proceeding be started only if authorised by special resolution of body corporate – whether a ‘flying minute’ complying with [...]

Member Content2026-01-20T17:10:31+10:00

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Sydney Gold Bullion Exchange Pty Ltd v The Owners – Strata Plan No 34794 [2025] NSWCATCD 69 (28 July 2025) LAND LAW – Strata title – Strata plan – Unit entitlements – Strata Schemes Management Act 2015 (NSW) s 236 – Order allocating unit entitlements – Requirement for certificate of valuation – Whether certificate required to value all lots or only those whose unit entitlement is proposed to be changed [...]

Member Content2025-12-18T14:12:36+10:00

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Owers-Brown v The Owners-Strata Plan No 92562; Nakkan v The Owners-Strata Plan No 92562 [2025] NSWCATCD 67 (22 August 2025)   LAND LAW – strata title – Strata Schemes Management Act 2015 (NSW) – whether timber decking is lot property or common property – duty of owners corporation to repair or replace – s 106 Strata Schemes Management Act 2015 (NSW) – whether duty breached – appropriate remedial orders Download Case [...]

Member Content2025-12-18T13:58:36+10:00
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