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Governments create laws. Courts and tribunals interpret those laws when they make decisions on disputes. We all then rely on those interpretations as gospel in terms of what the legislation actually means. Industry always holds its breath when what has been a long-standing practice or assumption is appealed. Higher authorities can overturn the decisions of…
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A regular query we receive as Body Corporate Managers is can we approve spending for project X? To answer the question, we need to investigate the details of project X to determine how the proposal fits into the legislative framework. In this article we will delve into improvements made by the Body Corporate, which differ…
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When are owners liable to maintain Utility Infrastructure on common property? When does utility infrastructure on common property ‘relate only’ to a lot? On 9 October 2018 the Queensland Court of Appeal laid down the test for when a lot owner is liable to pay the maintenance costs of utility infrastructure located within common property.…
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Extension of the Body Corporate and Community Management Regulations until August 2019 has been announced on the basis that it is currently under review. Full details of the extension can be read in the report to the Legislative Assembly by Attorney-General Yvette D’Ath available here. The legislative review is being conducted by the Commercial and…
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