Who Let the Dogs Out? – Dogs Behaving Wildly on Common Property, What Does the Court Say?
Posted 10 August 2026
Category: Strata Disputes, Strata
Recently, the District Court handed down a decision in Bevan v Smith [2026] NSWDC 260 which will certainly be of interest to many large dog owners living in strata schemes.
The case involved both lot owners of a two (2) lot strata scheme, and their dogs, following an incident occurring in December 2020.
There was no dispute over the basic facts of the incident. Ms Bevan was carrying her Cavoodle, Gracie, back to her property after Gracie had made a mad dash across the road. Upon returning to the driveway, Mr Smith’s German Shepard, Evie, came up and jumped at Ms Bevan. Ms Bevan shooed Evie away. Evie walked back about 10 feet, and then ran back towards Ms Bevan, this time knocking her to the ground.
The District Court considered the operation of section 25 of the Companion Animals Act 1998 (NSW) (“CAA”) and the common law application with respect to the “wounding or attacking that person.” The Court found that there was no liability construed under section 25 CCA or in negligence due to:
One of the submissions considered by the Court lead to an interesting take away for dog owning strata owners. Ms Bevan had submitted that Evie had not been adequately restrained, on the basis that she was able to openly run out onto the common property driveway. The District Court considered there was “not a skerrick of evidence to suggest … imposing such an obligation on the defendant.” However, more impactfully, the Court also found that the incident had not occurred in a public place for the purposes of section 12(A) of the CAA as Evie had not escaped the common property. On the Courts ruling we might consider that the obligations imposed under section 12(A) and section 13 of the CAA are not triggered until a lot owner’s dog has left the common property premises.
They say a dog is a man’s best friend, but they can also be a source of strife and conflict for owners across a strata scheme. If you or another owner in a strata plan has a dog which is creating issues for the owners corporation, feel free to raise a query with Bannermans Lawyers to hear about your options and obligations.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
