Experienced Supreme Court Strata Lawyers Serving Sydney & NSW

When might a strata dispute need to go to the NSW Supreme Court?

A strata dispute may need to proceed to the NSW Supreme Court if it involves complex questions of strata law, exceeds the monetary or jurisdictional limits of the NCAT, or involves an appeal against an NCAT decision on a point of law. Such legal proceedings are typically reserved for significant matters where substantial rights or financial implications are at stake for a lot owner or an owners corporation. The NSW Supreme Court provides a crucial venue for resolving these high-stakes strata disputes in New South Wales.

What kind of strata matters does the NSW Supreme Court handle?

The NSW Supreme Court handles a range of complex strata disputes and legal matters that are beyond the scope of other tribunals. These include significant building defect claims, disputes over an owners corporation’s duty to maintain and repair common property under section 106 of the Strata Schemes Management Act 2015 (NSW), complex by-law interpretation and enforcement issues, challenges to strata scheme management, and appeals from NCAT decisions.

Can I appeal an NSW Civil and Administrative Tribunal decision to the NSW Supreme Court?

Yes, decisions made by the NCAT in strata disputes can potentially be appealed to the NSW Supreme Court, primarily on questions of law. If you believe the Tribunal made an error in applying strata law, an appeal allows for a review of that legal matter by a higher court.

What is the Owners Corporation’s duty to maintain and repair common property?

Under section 106 of the Strata Schemes Management Act 2015 (NSW), an Owners Corporation has a strict statutory duty to properly maintain and keep in a state of good and serviceable repair the common property within the strata scheme. This obligation is a frequent source of strata disputes, particularly when lot owners believe the owners corporation has failed in its responsibility, leading to damage or loss.

How does PBL Law Group approach strata disputes in the Supreme Court?

PBL Law Group approaches strata disputes in the NSW Supreme Court with a strategic and client-focused methodology, commencing with a thorough case assessment to understand the specifics of the dispute and the client’s objectives. We then develop a tailored legal strategy, meticulously prepare all necessary court documentation for the legal proceedings, and provide skilled representation in hearings, mediation, and negotiations.

What experience does PBL Law Group have in the NSW Supreme Court?

PBL Law Group has a proven track record of successfully representing clients and winning cases in the NSW Supreme Court and the NSW Court of Appeal, drawing upon more than 50 years of combined legal experience in strata law. The team includes specialist strata lawyers who have acted in leading strata dispute cases, demonstrating capability in handling complex Supreme Court proceedings.

What is the Strata Schemes Management Act 2015?

The Strata Schemes Management Act 2015 (NSW) is the primary piece of legislation that governs the management and operation of strata schemes in New South Wales. This Act outlines the rights and responsibilities of key parties such as the owners corporation, lot owners, and the strata committee, covering aspects like the maintenance of common property, financial management, by-law creation and enforcement, and dispute resolution processes.

Can PBL Law Group help draft or enforce strata by-laws?

Yes, PBL Law Group can assist with all aspects of strata by-laws, including drafting new by-laws, reviewing and amending existing ones, and providing legal advice on their interpretation and enforcement for a strata scheme. They can also assist in by-law disputes requiring resolution in NCAT or, in more complex cases, the NSW Supreme Court.

Who does PBL Law Group represent in NSW Supreme Court strata matters?

PBL Law Group represents a diverse range of clients in NSW Supreme Court strata matters, including individual strata owners, owners corporations, strata managers, and developers. They provide tailored legal advice and representation to protect client interests in complex strata disputes and other legal proceedings before the Supreme Court.