2018 Highlights

Adjudication Applications

Obtained Orders preventing a Principal Body Corporate issuing unlawful levies.

Obtained Orders preventing the unlawful appointment of a caretaker.

Obtained Orders preventing the unlawful grant of exclusive use.

Successfully defended the Body Corporate’s decision to refuse permission for an occupier to keep a dog at the scheme, where the caretaker’s health could be adversely affected due to his heart condition and asthma.

Successfully defended the Body Corporate’s decision to refuse permission for an occupier to keep a dog at the scheme, where:

  1. an occupier’s health could be impacted; and
  2. the caretaker has a clinically diagnosed phobia of dogs.

Obtained orders requiring an owner to remove improvements to common property that did not have Body Corporate approval, including security cameras, a shade sail and an awning.

Courts

Won an Appeal in the Qld Court of Appeal concerning a summary judgment application

Major Negotiations

Secured a $750,000 plus payment from a builder for faulty workmanship

Concluded complex negotiations with the GCCC in respect of an Easement.

Major Projects

Drafted and negotiated the contracts for a major $2.5m painting project at one of the Gold Coast’s premier schemes which involved the preparation of the contract with the head contractor, negotiation of the contract with the project manager and the preparation of a complex licence agreement to permit the Body Corporate’s contractors to access and use parts of the Commercial lot.

Completed the new Community Management Statement and Building Management Statement for the establishment of 30 lots above a major supermarket which involved complex issues including the rectification of previously incorrect Building Management Statements, the inclusion of access and use rights to various parts of the complex and the apportionment of costs for various shared areas and services.

Negotiated the licence agreements necessary to permit ground anchors for a major development in Surfers Paradise while preserving the Body Corporate’s position and obtained agreement for the developer to pay the Body Corporate’s reasonable costs and appropriate compensation.  

Seminars

Dr Kate Mathews, Special Counsel, & Assistant Professor, Bond University, was invited by the Australian Competition and Consumer Commission (ACCC) to provide presentations on consumer law and information technology to:

  1. ACCC and Australian Energy Regulator (AER), National Digital Disruption Group (Brisbane, Sydney, Melbourne & Hobart) Seminar: November 2018
  2. ACCC National Board, Executive & Management Annual Conference, Sydney (February 2018)
  3. Keynote speaker, Australian Consumer Congress, Sydney (March 2018)

She also spoke with ABC Radio, Melbourne discussing technology issues, consumer rights and the law (June 2018).