JRVT Pty Ltd v Traczyk (Owners Corporations) [2025] VCAT 108 (6 February 2025) Model Rule 6.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018 - Owners Corporations Act 2006 (Vic) sections 165 and 167 – what orders the Tribunal may make where it finds a breach of rules – what must the Tribunal consider when making orders under section 165 - discretion of the [...]
Puppa v Owners Corporation RP007059 (Owners Corporations) [2025] VCAT 77 (28 January 2025) Application for declaration that no owners corporations fees owing or payable, and orders directing the owners corporation to issue a certificate under s 151 of the Owners Corporations Act 2006 to that effect. Applicant concedes that has made no payments since 2018. Applicant disputes the validity of resolutions passed at Annual General meetings, and asserts that Notices [...]
Lovison v Owners Corporation 1 Plan No. PS 1663W (Owners Corporations) [2024] VCAT 1178 (11 December 2024) Application for appointment of administrator s.173 Owners Corporations Act 2006 (Vic); Disharmony and dysfunctionality at subdivision. Whether good faith decision making compromised. Appointment of administrator for 12 months. Download Case PDF
Arcadia Waters Midwest Pty Ltd v Darcey [2025] WASC 92 (21 March 2025) • Retirement Village Scheme - Application for approval to terminate - Premium to be repaid by in specie transfer Download Case PDF
The Owners Of Hubbard House Strata Plan 9814 v Mckirdy [2024] WASC 490 (20 December 2024) • Criminal law - Appeal from Magistrates Court - Appeal against a decision to convict - Offence of owner permitting vehicle to park in the Perth Parking Management Area without a licence contrary to s 7 of the Perth Parking Management Act 1999 (WA) - Proper construction of s 7 of the Perth Parking [...]
David & Ros Carr Holdings Pty Ltd v Ritossa [2025] NSWCA 108 (23 May 2025) EQUITY – trusts and trustees – two couples established unit trust for purpose of making property investments – equal division of units – equal board representation on corporate trustee – equal shareholdings in trustee – no provision to resolve deadlocks – trust deed contained clause based on s 3A(3B) of Land Tax Management Act 1956 [...]
Dickson v Petrie [2025] NSWCA 110 (23 May 2025) LAND LAW — easements — construction of easements — general principles of construction — relevance of concept of “reasonable use” to task of construction — whether easement confers on dominant owners exclusive rights to use subject land for stated purposes — consideration of extent of rights retained by servient owner LAND LAW — easements — validity of easements — whether easement [...]
Ciric v The Owners - Strata Plan No. 67113 and Blanch [2025] NSWCATCD 12 (14 April 2025) STRATA SCHEMES – noise transmission – compliance by lot owner with by-law Download Case PDF
Evans v The Owners – Strata Plan No. 40841 [2025] NSWCATAP 113 (21 May 2025) APPEALS — Strata title – whether owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property – whether managing agent should be compulsorily appointed – whether wrong principle of law applied – whether leave should be granted – appeal filed out of time [...]
Owners Corporation RP16140 v Maw (Vic) Pty Ltd (Owners Corporations) [2025] VCAT 424 (14 March 2025) Additional annual fee – Circular resolution of owners corporation committee – validity of notice of resolution – effect of non-compliance with section 111 – whether ballot held at all - Owners Corporations Act 2006 ss 11, 23, 23A, 24, 31, 32, 59, 60, 61, 62. Download Case PDF
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