Real EstateRSS Feed
Pulse gets Pummelled – Body Corporate Ordered to Pay Thousands to former Caretaker - Mar 2016
Pulse  QBCCMCmr 43
A recurring theme of these alerts is that all Bodies Corporate have a statutory obligation to act reasonably. Usually, identifying what actions are or are not reasonable can sometimes be difficult to discern. However, the starting point should always be complying with the relevant legislation. Unfortunately, in the case described below, it appears as if the Body Corporate for Pulse overlooked this fundamental starting point. As a result, they received one of the most scathing decisions in recent memory. Partner, Warren Jiear and Senior Associate, Mario Esera, look at this decision and what other Bodies Corporate can do to avoid some of the mistakes made in this case.
Probably the most expensive Balcony in Queensland – A warning to Bodies Corporate about acting Reasonably - Feb 2016
Albrecht v Ainsworth & Ors  QCA 220 (6 November 2015)
Bodies Corporate have a statutory obligation to act reasonably. But what does that actually mean? The Body Corporate for Viridian Noosa Residences probably thought that meant acting strictly in accordance with all relevant legislation. Unfortunately, a recent decision of the Queensland Court of Appeal has underlined that this may not always be the case, at least when it comes to approving a balcony. Partner, Warren Jiear and Senior Associate, Mario Esera, look at this case and its likely implications for Bodies Corporate and lot owners in the future.
Management Rights Update: Lender dodges a bullet in financed contract dispute - Sep 2015
Management rights are big business in Queensland. There are real estate agents specialising in buying and selling them, solicitors specialising in advising on them, and financiers specialising in lending money to purchase them. One lender is Suncorp-Metway Ltd and, like any financier, they desire security. The Body Corporate and Community Management Act 1997 provides a certain level of security to financiers, but clearly not as much as Suncorp believed, as they discovered recently in a case heard before the Queensland Civil and Administrative Tribunal.
Partner, Warren Jiear and Senior Associate, Mario Esera, look at this case and its likely implications for financiers and Bodies Corporate in the future.
A Very Expensive Typo – Body Corporate pays dearly for Drafting Defect - Sep 2015
Disputes between Bodies Corporate and their caretakers are not uncommon. Typically they are resolved promptly and inexpensively. Unfortunately, that was not the case for the Body Corporate for The Rocks Resort. Their dispute with their caretaker started in 2010 and continued over several years, culminating in a trial heard over ten days between 19 June 2014 and 30 October 2014. The result? The Body Corporate lost. Why? They used the word “within” when they should have used the words “not less than”.
Partner, Warren Jiear, and Senior Associate, Mario Esera, explain how a typo cost this Body Corporate hundreds of thousands of dollars in legal fees not to mention future costs orders that may yet be made against them.
Are you aware of the Stamp Duty Changes to Commercial Property in South Australia? - Aug 2015
When South Australian Treasurer Tom Koutsantonis delivered the 2015-2016 Budget it signalled that there would be a significant change to the commercial property sector in South Australia. Real Estate Senior Associate, Samuel Richardson, looks at the implications of the changes.
Impacts of insolvency on construction projects - Aug 2015
The insolvency of one of the principals, contractors or subcontractors can seriously impact a construction project at all levels of the supply chain. Infrastructure and Projects partner, Ted Williams looks at the issue and some practical thoughts on drafting contracts to help mitigate these risks.
Australian Infrastructure Projects - Aug 2015
Infrastructure projects worth over AUD$50 billion are currently being planned in Australia, representing a major opportunity for participants in the infrastructure and construction industries. Partner, Tania Zordan outlines some of the major projects being run across states and territories.
Global Infrastructure Hub moves to operational phase in Sydney - Aug 2015
New South Wales will play a significant role in global infrastructure by hosting the Global Infrastructure Hub (Hub). The arrival of its CEO in Sydney earlier this month will shift the tone of the Hub to a more operational phase moving forward. Sydney is the ideal location, given the NSW government’s current mandate to invest $20b in infrastructure and encouragement of private sector investment and participation. Partner, Tania Zordan discusses the Hub's status below.
SOP Act decision clarifies scope for judicial review of adjudication determination after entry of judgment - Aug 2015
The decision in Amasya Enterprises Pty Ltd & Anor v Asta Developments (Aust) Pty Ltd & Anor  VSC 233 (2 June 2015) clarifies that s28R(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) does not prohibit the judicial review of an adjudication determination on grounds of jurisdictional error. Associate, Pei Yau looks at the decision.
Updates on the principles applicable to attempts to restrain recourse to unconditional bank guarantees - Jul 2015
Partner, Megan Calder and Associate, Pei Yau review a number of recent cases that have all considered issues relating to attempts to restrain recourse to unconditional bank guarantees.