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).

Great results to end 2018

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

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

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

We congratulate Kate

MHL congratulates our Special Counsel, Dr Kate Mathews, on successfully completing her Scientiae Juridicae Doctor (‘SJD’) also known as a Doctor of Legal Science, at Bond University. The SJD is described as “the “most advanced law degree” according to Harvard and Yale Law Schools and Kate achieved a double top 5% result from 2 of the three markers. Her extensive work concerns consumer rights and contractual issues across IT technology.

As an experienced contract lawyer and (now) doctoral scholar, Kate will be bringing her sharp expertise to body corporate contracts – both big and small – to better protect bodies corporate and manage their risks.

Presentation by Kate Mathews, our Special Counsel

On 23 June 2017 Kate Mathews, our Special Counsel, delivered a presentation to the Australian Competition and Consumer Commission’s Consumer Consultative Committee at the ACCC’s head office in Melbourne. The 90 minute interactive session discussed consumer law implications of the Internet of Things. Kate was invited to present by the Deputy Chair of the ACCC, Delia Rickard.

MHL Out n About & Speaking Out

MHL presents to a select number of institutions, conferences, body corporate managers and bodies corporate each year. In the past few months, we have conducted a wide range of presentations on a wide range of the latest body corporate issues. For example:

Our principal, Peter Huntspeaking_out was invited by Professor Chris Guilding to speak at the landmark Griffith University’s Strata and Community Title Conference held on the Gold Coast recently. The very successful event attracted nearly 300 delegates from around Australia and internationally. Peter’s paper was a critique of the management rights model and covered issues of specific
concern to bodies corporate such as termination and assignments. Peter was also then asked to attend a broader panel session and has received much positive feedback on both his presentation, its content and the issues he discussed on the panel.

 

In March 2015, Peter also presented a paper on recent Queensland body corporate law cases to the Australian College of Community Association Lawyers (ACCAL). See their website here: http://www.accal.org.au/ and in May 2015, Peter was invited to present a seminar for new Body Corporate Managers on behalf of Strata Community Australia. See their website here: https://www.stratacommunity.org.au/