Recent Developments in Construction and Strata [2025]

Recent Developments in Construction and Strata [2025]

1. Sections 86(2A), 145 and 149 of the Strata Schemes Management Act 2015 (NSW), including the recent decision of the Court of Appeal in Owners Corporation SP6534 v Elkhouri; Owners Corporation SP6534 v Perpetual Corporate Trust Ltd [2024] NSWCA 279.
2. The liability of supervisors and some pleading requirements for claims pursuant to the Design and Building Practitioners Act 2020 (NSW), including the recent decisions in The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 3) [2024] NSWSC 1511 and The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263.
3. Sub-section 15(4)(b)(ii) of the Building and Construction Industry Security of Payment Act 1999 (NSW) and how the phrase “unpaid portion of the claimed amount” should be interpreted.

• 1 CPD Point in Substantive Law