News

Junioring Frank Hicks SC, Michael Swanson successfully defends his client against security for costs in a representative proceedings. Justice Ball was asked to considered whether security for costs should be awarded against the lead applicant in a representative proceedings arising out of a residential construction development. The lead applicant and group members did not have the benefit of a litigation funder. The Court declined to make an order for security for costs as it would not have made one against the lead applicant or each of the group members if they had brought proceedings individually. The decision considers the relevance of UCPR 42.21 to representative proceedings and the role of litigation funders when ordering security for costs.

Read the full judgement here.

David Knoll AM’s article entitled: “Quality standards for tribunal decision making in strata disputes” has been published by the Journal of Property, Planning and Environmental Law this month.

The article analyses decisions across Australia in which tribunal decisions are appealed by reason of the poor quality of the decision making. Knoll contends that the impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years.

Read the online version here.