AAI Limited v The Owners – Strata Plan No 91086 [2025] FCAFC 6 (4 February 2025) PRACTICE AND PROCEDURE – application for leave to appeal from an order made under r 9.05 of the Federal Court Rules 2011 (Cth) joining the applicant insurer as a respondent – operation of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth) prohibits any appeal – application dismissed PRACTICE AND PROCEDURE – [...]
Body Corporate Strata Plan No. 57963 v Gunn [2025] TASCAT 15 (24 January 2025) Resource and planning – Proceedings under Neighbourhood Disputes About Plants Act 2017 – Application to adjourn hearing Download Case PDF
Singh v Ellis [2025] NSWCATAP 21 (31 JANUARY 2025) LANDLORD and TENANT – RESIDENTIAL TENANCY – rental bond claim by landlord – alleged denial of procedural fairness – change of landlord communication details – validity and service of termination notice – vacant possession and return of keys – Residential Tenancies Act 2010 (NSW) ss 27, 53(1)(e), 97, 113, 223 – Interpretation Act 1987 (NSW) s 3 and Sch 4 “document”, [...]
Lim v The Owners – Strata Plan No 51159 [2025] NSWCATAP 14 (21 January 2025) APPEAL – strata scheme – removal of screen door to lot by owners corporation – fire safety requirements – whether owners corporation entitled to remove door - conduct of hearing before Tribunal – whether denial of procedural fairness – whether reasons inadequate – constructive failure to exercise jurisdiction Download Case PDF
Owners Corporation 1 Plan No PS520716E v El Hawly (Owners Corporations) (Costs) [2025] VCAT 30 (10 January 2025) Application for costs pursuant to s 74(2) of the Victorian Civil and Administrative Tribunal Act 1998 consequent on leave being granted to the applicant to withdraw its application to recover unpaid owners corporations fees and charges. Applicant’s reasons for withdrawing the claim included a statement that it had concluded it could not [...]
GIABENI PTY LIMITED and THE OWNERS OF 30 COODE STREET MOUNT LAWLEY STRATA SCHEME 11321 [2025] WASAT 5 (9 JANUARY 2025) Strata Titles Act 1985 (WA) - Scheme dispute - Maintenance of common property - whether decisions of body corporate reasonable Download Case PDF
MAARTENS V BODY CORPORATE FOR MONTAGUE MARKETS SOUTH [2025] QCATA 3 (3 January 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – body corporate and community management – where adjudicator dismissed appellant’s application for declarations and orders for want of jurisdiction – where appellant no longer a lot owner - whether appellant was a relevant person – [...]
Fang v Owners Corporation Plan No. RO001311 (Owners Corporations) [2025] VCAT 32 (10 January 2025) Dispute concerning CCTV cameras, awning and air conditioning unit alleged by the owners corporation to have been installed without its consent, contrary to Rule 5.2 of the Model Rules; giving notice of intention to effect such installations does not amount to seeking consent; validity of breach notices issued; consideration of the conduct of the parties; [...]
Short-Term Rental Accommodation Act 2024 (WA) An Act — • to establish a scheme for the registration of short-term rental accommodation; and • to provide for matters relating to information about short-term rental accommodation; and • to make consequential amendments to the Fair Trading Act 2010; and • to affect the operation of certain local laws; and • for related purposes. Download Case PDF
Choi v The Owners – Strata Plan No 53482 (No 2) [2025] NSWCATAP 10 (10 January 2025) COSTS — section 60 Civil and Administrative Tribunal Act 2013 (NSW) — special circumstances — whether established Download Case PDF
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