Court of Appeal Strata Dispute Lawyers Sydney, NSW

PBL Law Group is NSW’s leading strata dispute lawyers in the NSW Court of Appeal. We litigate & win complex strata disputes, building defect claims, by-law breaches.

Three stages of building a home: scaffolding, apartment building, modern skyscraper.

Speak to our Strata Dispute Lawyers Now

We will call you within 24 hours.

Who Our NSW Court of Appeal Strata Lawyers Help

Strata Lot Owners & Home Owners

We appeal errors on repairs, by-laws, levies & procedure, advise on prospects & represent you in the Court of Appeal & more...

Property Developers & Builders

We challenge defect liability & scope findings, narrow exposure & pursue commercial outcomes in the Court of Appeal & more...

Strata Managers

We run appeals - deadlines, filings, bundles, experts & insurers - keep the committee informed, compliant & on budget in the Court of Appeal & more...

Existing Owners Corporations

We appeal wrong calls on repairs, levies, by-laws & governance, protect the fund & secure practical Court of Appeal orders & more...

New Owners Corporations

We correct early errors on defects, levies, by-laws & contracts, handle leave applications & run your Court of Appeal matter & more...

Real 5-Star Client Reviews

Speak to our Sydney Strata Appeal Lawyers Now

We will call you within 24 hours.

Our 4-Step Process to Winning Your Strata Appeal

1

Appeal Review & Strategy

Our strata litigation lawyers review the record, test prospects, identify arguable error & set a focused NSW Court of Appeal plan.

2

Preparation & Filing

Our strata appeal lawyers draft grounds & submissions, finalise the appeal book, manage leave if needed & file on time.

3

Fierce Advocacy

Our strata appeal lawyers deliver clear submissions, answer the Bench & protect your position in the NSW Court of Appeal.

4

Orders, Costs & Next Steps

Our strata litigation lawyers secure orders in the Court of Appeal, handle stays & costs, implement outcomes & map any next steps.

Alex Ilkin with NSW Strata and Community Schemes Management and Strata Legislation Book

Have the Authors of Strata Law Argue Your Appeal

Success in the NSW Court of Appeal demands an exceptional command of strata law. Our team includes Raea Khan & Alex Ilkin, the published author of textbooks including “Strata Legislation Handbook NSW” (often called the “Strata Bible”) and “NSW Strata and Community Schemes Management and the Law“. 

PBL Law Group’s strata lawyers helped write the guide on strata law and advised the NSW Government on legislative changes. This experience and expertise provides our strata litigation team with unparalleled insight, which we use to give your appeal the decisive strategic advantage.

Speak to our NSW Court of Appeal Strata Lawyers Now

We will call you within 24 hours.

Why Choose Our Strata Lawyers for your Appeal?

1

Appellate Specialists

Our strata appeal lawyers focuses on the NSW Court of Appeal – spotting errors, framing tight grounds & leave applications, delivering crisp submissions & persuasive advocacy.

2

Clear, Commercial Advice

We give plain‑English advice on prospects, timelines & costs, with a focused, winning strategy & budget you can rely on.

3

50+ Years Experience

Our strata litigation lawyers bring 50+ years in strata disputes with a strong record in the Supreme Court & Court of Appeal.

4

Unmatched Authority

We are industry leaders who have authored key textbooks on NSW strata law & advised the NSW government, giving your appeal an unmatched advantage.

Speak to our NSW Strata Appeal Lawyers Now

We will call you within 24 hours.

Meet Our Strata Lawyers

Overturn an Unfair Decision in the Court of Appeal

An unfair strata ruling from NCAT or a lower court can feel final, but it doesn’t have to be. The NSW Court of Appeal exists to correct legal errors, offering a powerful pathway to overturn an unjust result and achieve the right outcome.

Appealing to a higher court is a complex, high-stakes process focused entirely on errors of law. PBL Law Group’s experienced strata appeal lawyers specialise in identifying these critical, appealable errors. We provide clear, strategic advice on your prospects of success so you can make an informed decision with confidence.

Aerial view of a winding road cutting through a dense, green forest with sunlight casting shadows on the trees.
Alex Ilkin, Iain Mark & Sharon Banning of PBL Law Group's Strata Lawyers Team

What It Takes to Win a Strata Appeal in Court

Success in the Court of Appeal depends on proving a specific error of law. This requires a team of strata litigation lawyers with deep appellate court experience and an exceptional command of strata legislation.

Our senior strata lawyers have a formidable track record of success in the Court of Appeal. We meticulously prepare every aspect of your case, from drafting precise legal submissions to delivering powerful oral arguments. We know what it takes to build a winning appeal.

Speak to our Sydney Strata Appeal Lawyers Now

We will call you within 24 hours.

Strata Disputes in the Court of Appeal FAQs

A range of strata disputes can be appealed to the NSW Court of Appeal, typically on a question of law arising from an NCAT decision or a lower court judgment concerning the strata scheme. Common examples include disputes over the interpretation or enforcement of a by-law, claims related to building defects affecting common property, the recovery of unpaid levies, and disagreements regarding the owners corporation’s duty to maintain and repair common property. These matters often involve complex interpretations of the Strata Schemes Management Act 2015 (NSW) and can significantly impact lot owners and the owners – strata plan.

The appeal process in the NSW Court of Appeal generally begins with an application for leave to appeal the decision of a tribunal like NCAT or a lower court, unless an appeal lies as of right. If leave is granted, the appellant files a Notice of Appeal, followed by the preparation and filing of written submissions and an appeal book containing relevant documents from the original proceeding. The process culminates in a court hearing where oral arguments are presented before the judges, leading to a final judgment on the appeal concerning the strata dispute.

You should seek legal advice for a strata dispute or potential appeal as early as possible, particularly if you are dissatisfied with a decision from NCAT or a lower court. Strict time limits apply for lodging appeals, and early consultation with a legal professional ensures these deadlines are met and allows for thorough case preparation and assessment of your prospects for the appeal proceeding. Obtaining legal advice promptly can significantly impact the effective management of your strata law matter in NSW.

NCAT serves as the primary specialist tribunal for resolving many strata disputes in NSW, offering mediation, adjudication, and formal hearings for matters arising under strata schemes management legislation. NCAT decisions on strata matters, particularly those involving an alleged error of law, can be subject to appeal, with leave, to the NSW Supreme Court and subsequently to the NSW Court of Appeal. The Court of Appeal reviews NCAT’s decisions to ensure legal principles, including those under the Strata Schemes Management Act 2015 (NSW), have been correctly applied to the strata plan.

Yes, PBL Law Group has extensive experience representing both individual lot owners and owners corporations in a wide range of strata disputes and appeal proceedings. Our law firm provides tailored legal advice and robust representation to all parties involved in strata scheme matters, including those before NCAT and the NSW Court of Appeal in Sydney. We understand the unique perspectives and legal issues faced by different stakeholders within a strata and community scheme.

Common grounds for appealing a strata dispute decision from NCAT or a lower court to the NSW Court of Appeal primarily involve demonstrating an error of law made by the original decision-maker in the proceeding. Other potential grounds for appeal include a denial of procedural fairness during the initial hearing, or that the decision was so unreasonable that no reasonable tribunal or court could have reached it based on the evidence. Successful appeal proceedings often require clearly showing that such an error materially affected the outcome of the strata dispute concerning the owners corporation or lot owner.

PBL Law Group ensures clear communication during appeal proceedings by providing all legal advice in plain English, avoiding overly technical jargon so that clients, whether a lot owner or an owners corporation, fully understand every aspect of their case. We are committed to providing regular updates and maintaining open lines of communication, ensuring you are kept informed about the progress of your appeal in the NSW Court of Appeal. Our client-focused approach means your legal professional is accessible to answer your questions throughout the litigation process regarding your strata scheme.

An owners corporation has a strict statutory duty under section 106 of the Strata Schemes Management Act 2015 (NSW) to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. This obligation is fundamental to the management of a strata scheme and is a frequent subject of strata disputes if not adequately fulfilled by the owners corporation. Failure to comply with this duty to maintain and repair common property can lead to legal proceedings in NCAT or the courts, seeking orders for work to be done or damages.

PBL Law Group can assist with building defect claims in strata schemes by providing expert legal advice on statutory warranties under the Home Building Act 1989 (NSW) and developing effective litigation strategies for the owners corporation or affected lot owners. We represent clients in pursuing or defending claims related to defective building work impacting a strata building, including navigating dispute resolution processes and, if necessary, proceedings in NCAT or the NSW Court of Appeal. Our team helps identify defects, understand your rights regarding common property, and pursue appropriate remedies for your strata property in NSW.

Visit Our Sydney Strata Lawyers

We provide expert strata law advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in GosfordGorokan & Coffs Harbour.

Speak to our Court of Appeal Strata Lawyers Now

We will call you within 24 hours.

Latest Strata Law Insights & Guides

Speak to our Strata Appeal Lawyers Today

Thank You For Your Request.

We’ve received your consultation request and will contact you within the next 24 hours (excluding weekends).

Google 5-star review: Excellent