Scott's Publications
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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
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"Riddled with Structural Defects" - Certifier Liability A recent decision of the Supreme Court of New South Wales has determined that a Council taking on the roll as the PCA in respect of a residential building owed and breached a duty of care to a subsequent purchaser. The decision may be of particular significance to owners in circumstances where they are out of time to pursue other parties or cannot do so for other reasons such as the death, disappearance of insolvency of the original builder. Published by
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The home warranty insurance register As of 15 January 2015 details of contracts of home warranty insurance issued by the NSW Self Insurance Corporation may be accessed through an online register. The register provides key information about the extent of insurance protection offered to owners and prospective purchasers. Published by
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Amendments to the Home Building Act 1989 A number of key amendments to the home building laws in New South Wales have now come into operation. The amendments have wide ranging implications impacting on licencing, defect litigation and home warranty insurance. A number of considerations that arise from the amendments are discussed in this article. Published by
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Uncertainty with section 80D resolved The Court of Appeal has recently considered the legal obligations of owners corporations and executive committees under the Strata Schemes Management Act 1996 in the context of the commencement of legal proceedings. The case resolves a line of a number of inconsistent authorities and provides answers to some important questions concerning the management and administration of strata schemes. Published by