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The High Court Pafburn decision and a history of the cases exploring the duty of care under the Design & Building Practitioners Act 2020

Strata, Building Defects

Posted 10 December 2024

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Limitations on Limitation of Liability Clauses in Construction Contracts

Construction

Posted 25 August 2024

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New Strata Laws for 2024

Strata

Posted 14 October 2024

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Work Health and Safety Implementation Guide

Strata

Posted 19 August 2024

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Important Work Health & Safety Case Part 2: Owners Corporation fined $225,000.00 as a PCBU

Strata, WH&S

Posted 21 August 2024

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13 February 2026 changes to AFSS requirements will significantly impact the sector

Strata

Posted 19 March 2025

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Owners corporation failing to comply with NCAT rectification orders = penalty + costs

NCAT and Court Proceedings

Posted 30 May 2024

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Liquidated damages clauses are just the beginning – It’s not a cap on liability in construction contracts

Building Defects

Posted 22 May 2024

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Breaching By-Laws? It’s going to cost you!

NCAT and Court Proceedings

Posted 22 May 2024

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Building Defects – What legislative instruments can be relied upon to recover from defects in NSW?

Building Defects, eBooks

Posted 16 May 2024

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Building Defects – What if I do nothing about it?

Building Defects, eBooks

Posted 19 May 2024

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Building Defects – What happens if the previous owner ignored the defect?

Building Defects, eBooks

Posted 19 May 2024

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The High Court Pafburn decision and a history of the cases exploring the duty of care under the Design & Building Practitioners Act 2020

Strata, Building Defects

Posted 10 December 2024

On 10 June 2020, section 37 of the Design and Building Practitioners Act 2020 (NSW) (D&BPA) commenced, imposing a duty to exercise reasonable care…

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Limitations on Limitation of Liability Clauses in Construction Contracts

Construction

Posted 25 August 2024

It has been commonly accepted for many years by many of those in the construction industry in New South Wales that contractors could limit their liabi…

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New Strata Laws for 2024

Strata

Posted 14 October 2024

Strata Managing Agents Legislation Amendment 2024 Reference Guide On the 30th September 2024 NSW parliament assented the Strata Managing Agents Legisl…

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Work Health and Safety Implementation Guide

Strata

Posted 19 August 2024

A PRACTICAL GUIDE FOR STRATA SCHEMES AND COMMUNITY ASSOCIATIONS A. INTRODUCTION Getting a WHS policy in place can seem an intimidating project, but it…

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Important Work Health & Safety Case Part 2: Owners Corporation fined $225,000.00 as a PCBU

Strata, WH&S

Posted 21 August 2024

Following on from our article regarding SafeWork NSW v Maluko Pty Ltd [2023] NSWDC 274 (“Maluko”), another notable judgment has been handed down b…

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13 February 2026 changes to AFSS requirements will significantly impact the sector

Strata

Posted 19 March 2025

UPDATE: On 31 January 2025, compliance with this regulation was deferred until 13 February 2026. The Environmental Planning and Assessment (Developmen…

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Owners corporation failing to comply with NCAT rectification orders = penalty + costs

NCAT and Court Proceedings

Posted 30 May 2024

In the recent New South Wales Civil & Administrative Tribunal (the “Tribunal”) decision of Archibald v The Owners – Strata Plan No. 50441 [2…

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Liquidated damages clauses are just the beginning – It’s not a cap on liability in construction contracts

Building Defects

Posted 22 May 2024

Liquidated damages clauses are a common feature of construction contracts. They typically provide a fixed amount per day as the amount that can be cla…

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Breaching By-Laws? It’s going to cost you!

NCAT and Court Proceedings

Posted 22 May 2024

The NSW Civil and Administrative Tribunal (the “Tribunal”) held that a lot owner had breached two by-laws of a strata scheme (the “Scheme”) fo…

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Building Defects – What legislative instruments can be relied upon to recover from defects in NSW?

Building Defects, eBooks

Posted 16 May 2024

NSW Home Building Act 1989; Design and Building Practitioners Act 2020 (NSW); Strata Schemes Management Act 2015 (NSW), which governs the ‘Strata Bu…

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Building Defects – What if I do nothing about it?

Building Defects, eBooks

Posted 19 May 2024

Failing to properly deal with building defects can result in the diminishment of your property value, insurer’s no longer offering cover and can als…

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Building Defects – What happens if the previous owner ignored the defect?

Building Defects, eBooks

Posted 19 May 2024

Unfortunately, a claim cannot be brought after the expiry of the statutory warranty periods even if you were not made aware of the defect. Depending o…

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