The recent passing of the Owners Corporations and Other Acts Amendment Act 2021, will introduce additional protections for lot owners and steps to improve the quality of owners corporation managers; ultimately enhancing protections and providing greater transparency for owners corporations. The changes will take effect from 1 December 2021. Read More
The Owners Corporations and Other Acts Amendment Act 2021 (the Act) was passed last month. The Act amends the Owners Corporations Act 2006, Retirement Villages Act 1987 and part 5 of the Subdivision Act 1998. The Act will come into operation by default on 1 December 2021, if not proclaimed earlier. In essence, the Act not only includes additional protections for lot owners but imposes more stringent obligations and restrictions on owners corporation managers and developers. Ultimately, the amendments seek to give additional protections to owners corporations and lot owners. Read More
The recent COVID-19 outbreak has brought about changes to the operations of the various courts and tribunals and the law firms that work with them. Noting the current situation and in an effort to implement social distancing, Hicks Oakley Chessell Williams has been working hard to implement technology to not only facilitate meetings with our clients remotely, but to conduct hearings in courts and tribunals remotely, by either telephone or video conference, where available. Read More
Just when everyone thought that there was a thorough understanding on what type of cladding is considered non-compliant because it is combustible, the NSW Civil and Administrative Tribunal handed down a decision about a dispute that did not involve the ill-reputed aluminium composite panels that were declared as being highly combustible. Rather, this matter considered proprietary architectural product called Biowood. If you are not familiar with this product, just picture McDonalds with its wood-like façade. Read More
The Building Amendment (Cladding Rectification) Bill 2019 (Bill) was introduced into the Legislative Assembly by the Victorian State Government on 15 October 2019. The Bill introduces amendments to the Building Act 1993 (Principal Act) including but not limited to: Read More
Lately there has been much discussion (and confusion) surrounding who is responsible for the rectification of defective cladding. There is no direct answer to this question and it will be decided on a case by case basis. The Lacrosse tower was the first prominent case in Victoria relating to combustible cladding. The fire in Lacrosse tower occurred in November 2014. It started when a late-night cigarette left in a plastic container by a French tourist on a working visa ignited on a balcony located on the eighth floor and, in turn, raced up combustible cladding being Aluminium Composite Panels (ACPs) on the building's exterior. Read More