Property & Projects

It was always the case that the seal of an Owners Corporation needed to be affixed physically and in the presence of appropriate witnesses to comply with s273 of the Strata Schemes Management Act 2015 (NSW) (Act). In response to the COVID-19 pandemic and Government Public Health Orders, from 5…

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…

THE KEY TAKEAWAYS The words “artist’s impression” do not detract from the materiality of an image and the representations it conveys. Boilerplate disclaimer clauses in marketing material and exclusion clauses in contracts are insufficient to exclude the statutory remedies under the Australian Consumer Law comprised in Schedule 2 of the…

One unsettled area of law that could have potentially far-reaching implications is the distinction between common property and lot property in a Strata Plan. This is particularly relevant where Owners Corporations are suing builders for defects to floors and ceilings. Determining whether a particular building element is common or lot…

Is duty payable on a call option in NSW?  It is now. Introduction The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into NSW Parliament on 23 March 2022 and was assented to on 19 May 2022. The Bill is now referred to as State…

Different strata bodies are formed in different ways under the NSW strata law and have different powers and functions under the relevant instruments. This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents…

When is a purchaser in an off the plan sale entitled to terminate its contract? The Supreme Court of NSW declared earlier this year in Jin Yi Construction Pty Ltd v Romeciti Eastwood Pty Ltd NSWSC 56 that the purchaser of a commercial strata unit was entitled to rescind the…