March 2025
Hello clients, friends, and industry colleagues,
Welcome to the March 2025 edition of STRATA INSITE!
The 2nd STRATA INSITE for 2025 brings you lots of important updates in property legislation, key regulations, and case law across Australia—plus fresh insights and articles from our team of experts.
If something catches your eye or you’d like a personalised presentation for your team, let us know—we’re here to help.
NSW UPDATES
💡 Parliament passes Strata Schemes Legislation Amendment Bill 2025 (NSW)
Our NSW team explores in detail the major amendments in the Strata Schemes Legislation Amendment Bill 2025, offering insights into its impact on the Strata Schemes Management Act 2015 and other key legislation. The Bill brings new requirements for strata and building managers, enhances financial management practices, and introduces sustainability measures, among other important changes. These reforms are set to roll out in mid-2025.
💡NSW Supreme Court issues Practice Note on the use of Generative AI
The NSW Supreme Court has issued Practice Note SC Gen 23, outlining key guidelines on the use of Generative AI in legal proceedings. In this summary, NSW Solicitor Coco Chen details the Practice Note’s rules on AI usage in court documents, including affidavits, expert reports, and written submissions. The guidelines also introduce disclosure requirements and impose strict prohibitions on using AI for judicial decision-making.
💡 Strata Hub introduces exciting new updates for users
The latest updates to The Strata Hub were delivered on December 10th, bringing a host of new features and enhancements aimed at making strata management easier for people who live, own, or work in strata schemes across NSW.
💡 New Disclosure Rules for NSW Strata Managing Agents Set a Higher Standard
NSW strata managing agents are now required to disclose gifts, benefits, training services, commissions, interests, and other relationships to ensure transparency and accountability. These regulations help protect owners corporations by promoting fairness and preventing conflicts of interest. Read on to understand the key obligations.
💡 Is it the Owner’s or Owners Corporation’s Responsibility?
Strata Community Australia (NSW) has released a comprehensive guide outlining common property items with guidance on who is responsible for their maintenance and replacement.
💡NSW reviews Off-the-Plan contract laws for stronger buyer protection
NSW is revising off-the-plan contract laws to enhance buyer protection and development opportunities. Key changes include mandatory sunset clauses, stricter extension limits, penalties for delays, and potential compensation for buyers if contracts are cancelled due to rising land values.
Share your feedback on the proposed changes by 7 March 2025 through the NSW government’s Have Your Say platform.
QLD UPDATES
💡 Q&A: A body corporate’s duty of care regarding falling objects
Can body corporate use funds to build protective structures in exclusive-use areas? Queensland Partner Michael Kleinschmidt explores legal considerations, past rulings, along with some proactive solutions for addressing falling object risks in strata complexes.
💡 Unreasonable and unlawful termination leads to $311,958 in damages
Michael Young explores a recent Queensland Civil and Administrative Tribunal (QCAT) decision where a Body Corporate was ordered to pay $311,958 in damages for unlawfully terminating a Caretaking and Letting Agreement. The ruling highlights the importance of following due process, ensuring objective reasonableness, and avoiding shortcuts when issuing remedial action notices.
💡 Big changes ahead for lease laws: New Property Law Act 2023
The new Property Law Act 2023 (PLA), set to replace the current Property Law Act in Queensland, is bringing significant changes to leasing laws effective 1 August 2025. In this article, we explore these updates and their implications for landlords and tenants.
💡 Q&A: Can the body corporate spend money on gifts or throwing a party?
Queensland Partner Michael Kleinschmidt explores the limitations of strata spending under the Body Corporate and Community Management Act 1997. Learn why such expenses may be deemed unlawful and how owners can challenge these decisions.This article first appeared in StrataNews #723 from LookUpStrata Pty Ltd.
💡 Sunlight, Views, and Trees: 5 tips to handle neighbourly disputes
Disputes over tree branches, blocked sunlight, or views are common—and can get complicated. In this article we share 5 practical tips to help you handle these issues effectively.
VIC Updates
💡Victoria’s new short-stay levy: What it means for Owners Corporations
In this article, Justine Nguyen and Monifa Kabylakis explore the impact of the Short Stay Levy Act 2024 (Vic) on owners corporations, including their new power to prohibit short-term rentals. With the introduction of a 7.5% levy and amendments to the Owners Corporations Act 2006 (Vic), owners corporations must carefully navigate rule-making, enforcement, and key exemptions.
WA Updates
💡Exciting News: Our new WA office is open!
We're thrilled to announce the opening of our new Western Australia office! Our team is ready to support strata communities across WA with expert advice and tailored solutions.
📍 Visit us: 432 Fitzgerald Street, NORTH PERTH WA 6006
Stop by for a coffee and a chat—we’d love to welcome you and discuss how we can assist with your strata needs.
National Updates
🌟 The cost of procrastination in strata. What is the true price of delay? Webinar with LookUpStrata
Do you miss the insightful webinar with NSW Partner Michael Allen and a panel of strata experts? Catch up on the discussion as they explore:
🔹 How delays in maintenance and capital works drive up costs
🔹 Strategies for funding urgent repairs alongside planned projects
🔹 How committees can align and increase the chances of passing resolutions
🔹 Prioritising and funding projects for long-term sustainability
🌟Netstrata review uncovers potential legal breaches
An independent review into Netstrata found possible legal breaches, undisclosed commissions, and conflicts of interest. Investigators revealed the strata firm prioritised its own interests over clients, charging excessive fees and failing to disclose supplier relationships. While Netstrata disputes the findings, it vows to improve transparency.
🌟Webinar Recap: A fair future for strata
With QLD partner Michael Kleinschmidt and a panel of industry experts, this insightful webinar tackled the biggest challenges shaping the strata sector. Hosted by Nikki Jovicic from LookUpStrata, the discussion explored sustainable pricing models, the role of insurance commissions, and how strata managers can better communicate their value.
TEAM UPDATES
✨ New team members
We are excited to welcome the following new team members that have joined the growing Bugden Allen family:
- Monifa Kabylakis - Associate, VIC
- Sue Van Broekhoven - Administration Coordinator, National
- Nicholas Cooley - Paralegal, WA
✨ Career opportunities
We are always looking for talented individuals to join our team. While we don't have any open positions at the moment, feel free to contact us or be sure to check our Careers page for future opportunities.
📱 Get in Touch
If you have any questions in relation to this newsletter, or you would like to know more, please do not hesitate to contact a member of our team on 02 9199 1055, visit our web site or contact us via email at: info@bagl.com.au
Disclaimer: Nothing in this newsletter is intended to be legal advice. You should seek legal advice tailored to your property's specific circumstances. The information in this newsletter and on our web site are of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
