Our practice areas forStrata Law include:

  • Resolve disputes between individual lot owners
  • Litigate building defect and construction claims under the HBA and DBP Act across NCAT and all court levels
  • Advise on common property and lot property boundaries
  • Draft and interpret by-laws and manage related disputes
  • Provide strategic strata governance and compliance advice
  • Represent owners corporations and strata managers in complex litigation
  • Manage section 106 damages claims and levy disputes
  • Resolve meeting disputes and internal governance issues
  • Act in defamation matters arising within strata communities

Trusted advisors for owners corporations, managers, and lot owners

We act in complex defect claims across both residential and commercial developments, including section 106 damages claims, levy disputes, meeting disputes, and governance issues.We also advise and act in related disputes, including defamation matters arising within strata communities.See Defamation, Property and Commercial, Building and Construction.

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David acted for me and my wife on a property purchase. The whole process was seemless - even though it had to be done hastily over a Christmas vacation period. He provided good advice, efficient delivery and good value.

Colin Brigstock, Client

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Your Trusted Strata Law Partner in Sydney

FAQs

Because the statutory warranty periods run strictly from the date of completion, getting this date wrong can mean a defect claim is made too late. Courts and tribunals enforce these time limits very strictly, so determining the correct completion date is often the first and most important step in any building defect matter.

Clients need to be extremely careful because proceedings commenced in the wrong jurisdiction may later be transferred to another forum at great cost and expense. In some cases, parties may spend years litigating in one jurisdiction only for the matter to be transferred elsewhere because the original forum did not have the requisite jurisdiction. As noted in The Owners – Strata Plan No 47035 v Athens [2025] NSWSC 1588, this can result in the enormous cost and time already spent in one jurisdiction being “essentially for nothing.”

To comply with the policy and protect your right to claim, you must notify icare HBCF as soon as you become aware of any defect, loss, or problem - usually by lodging a Loss Notification Form. This must be done within the required timeframes, generally within six months of becoming aware of the issue. Even after notifying HBCF, you must still take reasonable steps to pursue the builder until a trigger event occurs.

This matters because it affects money, repairs, approvals and risk. If something is common property, the owners corporation must arrange and pay for repairs. If something is lot property, the lot owner pays. Getting this wrong can mean unexpected bills or delays while responsibility is argued. It also matters for renovations, insurance and liability, particularly where boundaries are unclear.

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