Much has been said about the complexities associated with attribution of liability for defective building works between various parties including builders, developers and subcontractors. In recent years, and particularly since the introduction of the Design and Building Practitioners Act 2020 (NSW) (DBP Act), it has become more difficult for developers and builders to limit their own liability for defective works. This can even extend, in [...]

Introduction Dividing fences are structures that separate adjoining properties. A dividing fence can be of any material (brick, paling, Colourbond, stonewall) or vegetation. Typically, a dividing fence runs along the boundary line but may be situated on one side if agreed upon by neighbours. In New South Wales, the responsibility for maintaining these fences is governed by specific legislation, the Dividing Fences Act 1991. This [...]

In our increasingly interconnected and technological world it is likely that you have seen news of several data and information breaches. Even if you are extremely careful in when and where you provide personal information there are other ways your information can be mishandled. For example, where you or someone you know may be completing a tenancy application. With this in mind,  NSW Fair Trading [...]

Section 106 of the Strata Schemes Management Act provides a statutory obligation on the Owners Corporation to maintain common property. If it is common property, the Owners Corporation must undertake the necessary repairs based on its obligations under s.106 of the Act.  If, on the other hand, the damage is to lot property, the Owners Corporations obligation arises in circumstances where the damage is caused [...]