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Expert Evidence in Strata Litigation

Expert Evidence in Strata Litigation Expert witnesses play an important role in strata and defect litigation.  We often engage expert witnesses during the course of matters that we are involved in.  For example: matters involving common property building defects rely...

No Smoking By-Laws in Strata Schemes – How Far Can They Go?

No Smoking By-Laws in Strata Schemes – How Far Can They Go? The starting point is the decision of Salerno v Proprietors of Strata Plan No 42724 (1997) 8 BPR 15457 where the Supreme Court of New South Wales considered the issue of whether the “smoking within any...

Disputes Between Adjoining Strata Schemes – What Can I Do?

Disputes Between Adjoining Strata Schemes – What Can I Do? At present, section 139(1) of the Strata Schemes Management Act 1996 (“SSMA”) states that an Adjudicator may make an order to settle a dispute between 2 strata schemes if the strata schemes concerned are...