Property developers and body corporate managers need to be aware of the recent High Court decision concerning the test of “reasonableness” in relation to body corporate decisions. INTRODUCTION The recent High Court decision in Ainsworth & Ors v Albrecht & Anor...
James has a wealth of experience in building and construction, property, commercial litigation, debt recovery and insolvency matters, and specialises in body corporate and community management disputes and levy collections. James approaches dispute resolution...
Introducing CK Strata, our complete strata legal service offering an end to end approach for all strata matters. We have decades of experience in all strata matters, from the initial development and title of strata title properties, through to proper corporate...
New rules will apply to vendors disposing of certain taxable Australian property under contracts entered into from 1 July 2016. A 10% withholding tax will be incurred on these transactions at settlement. Australian resident vendors selling real property will need to...
As published in CK Momentum Issue 10 (Click here to download) Discontent with a company’s performance can lead to the shareholders taking action to change or influence the direction of the company. Examples of shareholder activism in Australia are limited due to it...
As published in CK Momentum Issue 10 (Click here to download) While there are no specific laws mandating corporate social responsibility reporting in Australia, there are nevertheless good risk mitigation reasons for businesses to adopt it. GROWING TREND In 2014,...
Much has been written recently in relation to the potential changes to Australian insolvency laws, among other things, as part of an overall initiative to incentivise innovation. One of the issues commonly discussed is the competing interests of driving innovation and...
The Office of the Commissioner for Body Corporate and Community Management has handed down a decision distinguishing between the use of proxies and powers of attorney, which will have considerable impact on how votes are able to be cast at a general meeting. The...
WHAT IS D&O INSURANCE? Directors’ and officers’ liability insurance (“D&O insurance”) provides cover for company directors and officers from claims that might arise from decisions taken when performing their role. WHAT TYPES OF CLAIMS WILL D&O INSURANCE...
WHO IS A DIRECTOR? Section 9 of the Corporations Act 2001 provides that the definition of a director also includes a person who is not validly elected as a director if: They act in the position of a director (often referred to as a de facto director). A de facto...
NEW NOTICES ISSUED The Valuer-General through the Department of Natural Resources & Mines (“DNRM”) issued Annual Land Valuation Notices (“Notice”) on 2 March 2016 for various local government areas including Brisbane City Council, Gold Coast City Council, and...
MAINTENANCE & WARRANTIES Most lot owners within strata schemes have a general awareness of the fact that statutory and contractual warranties apply to various aspects of the building, plant and equipment contained in their scheme. However, as the adage goes; the...