NSW Court of Appeal Strata Dispute Lawyers
- Expert NSW Court of Appeal Representation.
- 50+ Years Success in Strata Disputes.
- Client-Focused, Plain-English Strategic Advice.
- Securing Favourable Outcomes in Complex Appeals.
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NSW Court of Appeal Strata Lawyers Assisting:
Strata Lot Owners
Appealing adverse NCAT or court decisions, advice on appeal prospects, representation in Court of Appeal & more...
Strata Lot Owners
New Owners Corporations
Guidance on appealing early adverse decisions, advice on complex appellate matters, Court of Appeal representation & more...
Owners Corporations
Developers
Appealing decisions on defect claims, advice on high-stakes appellate litigation, Court of Appeal representation & more...
Developers
Strata Managers
Supporting OCs in appellate proceedings, advice on Court of Appeal procedures, navigating complex appeal cases & more...
Strata Managers
Existing Owners Corporations
Appealing NCAT or court rulings, managing complex appellate litigation, representation in the Court of Appeal & more...
Existing Owners Corporations
Our Court of Appeal Strata Lawyers Help You Win in:
Appealing Unfavourable Strata Decisions
We provide strong representation for owners, corporations, developers, and managers to appeal adverse NCAT or court strata rulings in the NSW Court of Appeal.
Defending Against Strata Appeals
Our team provides strategic defence in the NSW Court of Appeal when your strata decision is challenged, protecting your interests and outcomes.
Appealing Defect & Repair Claim Outcomes
For parties looking to overturn unfavourable building defect or repair claims, we manage appeals in the NSW Court of Appeal with persuasive arguments.
Defending Defect & Repair Claim Appeals
Our lawyers defend your position in the NSW Court of Appeal against appeals in building defect or common property repair disputes.
By-Law Enforcement & Validity Appeals
When strata by-law disputes reach the NSW Court of Appeal, our lawyers deliver expert legal services for your case.
Strata Levy & Financial Management Appeals
For strata levy recovery or financial disputes in the NSW Court of Appeal, we provide skilled legal assistance to protect the scheme’s financial integrity.
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Our Winning Approach to Your Court of Appeal Case
1
Strategic Appeal Review & Expert Guidance
Our strata lawyers carefully review your case, advise on appeal prospects, and identify legal errors to develop winning strategies for your appeal.
Strategic Appeal Review & Expert Guidance
Our strata lawyers carefully review your case, advise on appeal prospects, and identify legal errors to develop winning strategies for your appeal.
2
Meticulous Preparation & Precise Court Filing
Our team prepares and files all essential Court of Appeal documents, ensuring precision for a strong presentation in the Court of Appeal.
Meticulous Preparation & Precise Court Filing
Our team prepares and files all essential Court of Appeal documents, ensuring precision for a strong presentation in the Court of Appeal.
3
Fierce Advocacy For Your Case in Court
Our strata dispute lawyers provide strong advocacy before the NSW Court of Appeal, crafting compelling arguments to achieve favourable decisions.
Fierce Advocacy For Your Case in Court
Our strata dispute lawyers provide strong advocacy before the NSW Court of Appeal, crafting compelling arguments to achieve favourable decisions.
4
Securing Your Win & Guiding Next Steps
Our support continues after the decision to ensure your success, helping with orders and settlements, and clarifying the outcome’s benefits.
Securing Your Win & Guiding Next Steps
Our support continues after the decision to ensure your success, helping with orders and settlements, and clarifying the outcome’s benefits.
Rated 5-Star By Our Clients
Why Clients Choose Us
50+ Years of NSW Strata Law Experience
With 50+ years of NSW strata law experience, our team offers unmatched expertise in appealing decisions in the Court of Appeal.
50+ Years of NSW Strata Law Experience
With 50+ years of NSW strata law experience, our team offers unmatched expertise in appealing decisions in the Court of Appeal.
Proven Success in Strata Appeals & Court Cases​
Our strata dispute lawyers have a strong track record in complex appeals across all NSW judicial levels.
Proven Success in Strata Appeals & Court Cases​
Our strata dispute lawyers have a strong track record in complex appeals across all NSW judicial levels.
Client-Focused & Commercially Sensitive Legal Advice
Our strata lawyers provide clear advice tailored to your Court of Appeal goals, focusing on cost-effective strategies and your needs.
Client-Focused & Commercially Sensitive Legal Advice
Our strata lawyers provide clear advice tailored to your Court of Appeal goals, focusing on cost-effective strategies and your needs.
Integrated Expertise for Comprehensive Strata Solutions
We blend strata law with building and construction insights, enabling our lawyers to create effective strategies for your Court of Appeal matter.
Integrated Expertise for Comprehensive Strata Solutions
We blend strata law with building and construction insights, enabling our lawyers to create effective strategies for your Court of Appeal matter.
Speak to us Now or Request a Consultation.
Overview of Strata Schemes and the Strata Schemes Management Act 2015 (NSW)
A strata scheme involves ownership of a ‘lot’ and shared ‘common property’ through an owners corporation. The Strata Schemes Management Act 2015 (NSW) governs this.
Key appeal aspects include definitions of lots and common property, the owners corporation’s management role, its duty to maintain common property, by-laws, and owners’ rights and responsibilities.
Dispute resolution begins with mediation and NCAT, with appeals possible to higher courts on legal questions.
Common Strata Disputes Leading to Court of Appeal Litigation
Strata disputes can escalate to NCAT and the NSW Court of Appeal if unresolved, often involving complex legal issues.
Common types include building defects under the Home Building Act 1989 (NSW), owners corporation failures to maintain common property under Section 106 of the Strata Schemes Management Act 2015 (NSW), disputes over by-law interpretation, levy recovery actions, and conflicts over common property use.
Appeals from NCAT decisions are also common. Understanding strata law is crucial for potential litigation.
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How Can Our Expert NSW Strata Lawyers Help?
Strata Building Defects
Building defects? We seek rectification and compensation for Owners Corporations and lot owners, safeguarding your investment.
Strata Building Defects
Resolving Strata Disputes
Resolving strata conflicts, from owner disagreements to OC disputes, with strategic advice for effective outcomes.
Resolving Strata Disputes
Strata By-Laws
Crafting, reviewing & enforcing compliant by-laws for harmonious strata living and effective management.
Strata By-Laws
Strata Property Development
Assisting developers with strata schemes, subdivisions, easements, and redevelopment projects.
Strata Property Development
Strata Levy Recovery
Ensure your Owners Corporation’s financial stability by recovering unpaid levies and enforcing payment through effective legal strategies.
Strata Levy Recovery
NCAT Strata Disputes
Expert representation at NCAT for strata disputes. Resolve issues like by-law breaches, repairs, and owner conflicts effectively.
NCAT Strata Disputes
Strata Renewal
Expert advice for strata renewal & collective sale. We help owners maximise value and ensure compliance.
Strata Renewal
Supreme Court Strata Litigation
High-stakes strata litigation & appeals. Expert representation in the Supreme Court for complex disputes.
Supreme Court Strata Litigation
Strata Building Management Agreements
Expert advice on management & caretaker agreements. We draft & review to protect your scheme.
Strata Management Agreements
Strata Disputes in the Court of Appeal FAQs
What types of strata disputes can be appealed to the NSW Court of Appeal?
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.
How does the appeal process work in the NSW Court of Appeal?
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.
When should I seek legal advice for a strata dispute or appeal?
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.
What is the role of NCAT in strata disputes and how does it relate to the Court of Appeal?
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.
Can PBL Law Group represent both lot owners and owners corporations?
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.
What are common grounds for appealing a strata dispute decision?
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.
How does PBL Law Group ensure clear communication during appeal proceedings?
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.
What is the duty of an owners corporation regarding maintenance and repair of common property?
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.
How can PBL Law Group assist with building defect claims in strata schemes?
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.
Expert Legal Help For All Your Needs
Strata Law
Property and strata disputes, building defects claims, setting up new Owners Corporations and more…
Construction & Building Law
Construction and building disputes, building defects, delays and claims, debt recovery and more…
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Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…
Planning & Environment Law
Environment and planning regulation, land and environment court disputes, sub-divisions and more…
Wills & Estates
Creating, updating and contesting wills, estate planning and administration, probate applications and more…
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