TressCox Partner, Andrew Whitelaw and Trainee Solicitor, Casey Williamson have had an article ‘The changing landscape of Owners Corporations - Built Environment or Behaviour?The contentious issue of Class 2 and Class 3 Building Classifications’ published in the Strata Community Australia enewsletter, Wednesday 22 May 2013.
On 25 January 2013, the Minister for Employment and Workplace Relations, Bill Shorten, issued a code of practice for all building industry participants who are engaged in Commonwealth Government funded projects.
A contentious issue for many Owners Corporations has always been the use of some apartments by owner/investors for ‘short term letting’ such as weekend or holiday accommodation. While such operations allow investors to use their apartments for financial return, it is often the owner occupiers who raise concerns regarding safety, the upkeep and maintenance of the common areas and whether such operations improve or reduce the value of their apartments and or the building as a whole.
In the case of BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd (No.2) [2013] QSC 67, Justice Applegarth of the Supreme Court of Queensland exercised his discretion not to declare void a decision of the Adjudicator, even though part of the decision of the Adjudicator was clearly made outside his jurisdiction. As a consequence he makes it clear that it might not be necessarily fatal to the whole adjudication in circumstances where only a part of the decision which is clearly separate lacks jurisdiction.
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