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Lovegrove & Cotton Lawyers Bulletin 

 
  27 September 2017

 

Owners Corporations, Apartment defect claims and Class Actions

By Justin Cotton, Director, Lovegrove & Cotton - Construction and Planning Lawyers



Building litigation involving defects in Owners Corporation run apartment buildings has become more frequent in Australia.  While each State or Territory would have its own specific laws or rules for such legal actions, there are common threads when considering whether and if so how to bring a legal action against a Developer or Builder for defective works in high rise residential buildings.  This week Justin Cotton, Director of Lovegrove & Cotton Pty Ltd looks at such cases, where it is not uncommon for the Owners Corporation to be the claimant for building, design or certification defects in the Common Property and for a host of affected lot owners to also be included in the legal proceeding as co-plaintiffs in regard to defects manifesting in their private apartments.  It is necessary to work out where the defects are located in terms of Common versus Private Property, so that one knows who has standing to bring the action, and then the proper authorisation needs to be obtained to allow the Owners Corporation to start legal proceedings. 

 

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Six Essential Qualities for Mediators in Mediating Geopolitical Conflicts


By Kim Lovegrove RML, FAIB; Lawyer and Mediator – Lovegrove & Cotton; Author; and Law Reformer.
 

With the sabre rattling that is increasing in noise and velocity in the Korean Peninsula, it is timely to examine some of the qualities that negotiators and mediators might need to display with regards to the resolution of this increasingly serious geopolitical conflict.
An attorney and mediator, from the United States commented that this article is “an excellent and thoughtful read…each ‘global’ concept completely applicable to localized, prosaic conflict”. (http://www.jdsupra.com/legalnews/some-essential-qualities-for-mediators-i-92896)

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Crane Oversail and JANNEY & ORS v STELLER WORKS PTY LTD


By James O'Donnell, Senior Associate, co-authored by Jordan Davies, Paralegal – Lovegrove & Cotton

Australian city skylines are abounding with cranes as they continue to ride out their construction boom. It follows that with an increase in the abundance of cranes, instances of crane failure are ever more prevalent. It is therefore crucial that those affected by crane oversail ensure they are legally protected in case of the worst. The firm has recently represented adjoining property owners in crane oversail matters. In one such instance, the firm’s Senior Associate, James O’Donnell, made example of a precedent case, that being Janney & Ors v Steller Works Pty Ltd, to further substantiate the conditions of his client’s Access Deed.

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Lovegrove & Cotton Lawyers · Level 40/140 William Street · MELBOURNE, Victoria 3000 · Australia