by Cameron Shaw | Feb 2, 2018
Under these circumstances, the position of administrator becomes vacant. The rule that the “executor’s executor” assumes the administration of the deceased executor’s estate (which is set out in Section 13 of the Imperial Acts Application Act 1969 (NSW)) DOES NOT...
by Cameron Shaw | Feb 2, 2018
To make a claim on an estate (a claim for “provision”) a person must first an “eligible person”. The definition of eligible persons set out in Succession Act 2006 (NSW), s 57, includes (perhaps obviously): the spouse of the deceased at the...
by Cameron Shaw | Feb 2, 2018
The duty to maintain and repair common property is imposed by Section 106 of the Strata Schemes Management Act 2015 (NSW) (the Act). This issue was considered in Shum v Owners Corporation SP30621 [2017] NSWCATCD 68 in which lot owner, Mr Shum, sought to recover...
by Cameron Shaw | Feb 2, 2018
Section 103 of the Strata Schemes Management Act 2015 (NSW) explains that before obtaining paid legal services, a resolution approving the use of this service must be passed at a general meeting of the owners corporation (OC). However, there are some exceptions where...
by Cameron Shaw | Feb 2, 2018
Schedule 1 of the Strata Schemes Management Act 2015 (NSW) set out how to call a general meeting of the owners corporation. An owner must give written notice to the secretary of the strata committee that sets out the motion they want included, and the secretary must...
