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Latest Publications

  • What Makes an Easement “Reasonably Necessary”? - Gordon v Lever (No 2) [2019] NSWCA 275 The case of Gordon v Lever (No 2) [2019] NSWCA 275 is a case concerning the imposition of easements by the Court. The case and its procedural history featured much discussion on what constitutes an easement as “reasonably necessary” under section 88K(1) of the Conveyancing Act 1919. Published by Daniel Russell and Ryan Machado
  • Accessing a lot: rain or shine An overview of an owners corporation's power to enter a lot in light of recent wind and heavy rainfall. Published by Tom Yeoman
  • Community title law reforms—draft bills released for comment Fair Trading NSW has recently made available two draft bills for feedback from the general public, namely the draft Community Land Management Bill 2019 and draft Community Land Development Bill 2019. Published by Daniel Russell and Holly Pitt
  • Important Decision on NCAT Jurisdiction for Common Property Claims On 15 January 2020, the Appeal Panel of the New South Wales Civil and Administrative Tribunal (“NCAT”) published a joint decision in two cases: The Owners—Strata Plan No 74835 v Pullicin (“Pullicin”); and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 (“Vickery”). Published by Scott Chambers and Joel White
  • Lot owner derivative actions In Tan v The Owners - Strata Plan No 22014 (No 2) [2015] the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so. Published by Daniel Russell and Katherine Flynn
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