The demise of Huxley Homes has produced a steady stream of home warranty insurance claims. The NSW Civil and Administrative Tribunal (Tribunal) has jurisdiction to consider and determine appeals against decisions by home warranty insurers. A claimant has 45 days from receipt of the decision of the insurer in respect of their claim to lodge […]
Parties will often be told that one of the key benefits of mediation is that the negotiations that they have are confidential and that the outcome they reach can be kept confidential. There is no doubt that confidentiality is very important incentive for parties to mediate and for the free flow of creative discussion and […]
The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) has been very active in Newcastle recently. The public hearing into the Anglican Church in Newcastle is continuing and a public hearing relating to individuals involved in the Catholic Church in the Newcastle region commences in a few weeks. If you have received […]
The NSW Civil and Administrative Tribunal (NCAT) has recently considered this issue in the case of Mulhearn v Merit Homes Pty Limited [2015] 19 November 2015. In this case, the Home Owners installed a video surveillance device on a neighbour’s property which was directed at their own house and recorded the activities of the Builder. […]
During 2015, the terms “Structural Defects” and “Non-Structural Defects” were removed from the statutory warranty provisions of the Home Building Act 1989. These terms were replaced by “Major Defects” and “Other Defects”. This change was to more than just the terminology. The definition of Major Defect is more restrictive than the previous “structural defects” which […]
From 6 October to 9 October 2015, NSW State Coroner Barnes conducted an inquest into tragic deaths of 5 members of Hunt Family in Lockhart on 8 September 2014. Baker Love represented an interested party who was involved in the provision of in-home disability support services to Mrs Kim Hunt. The disability support services were […]
Baker Love recently acted for owners of a Lake Macquarie waterfront residential property in Land and Environment Court proceedings that exemplifies the tension between neighbours when it comes to water views versus garden design and privacy, writes litigation expert JANINE WILSON. Over a long period of time, our clients had planted evergreen shrubs and cultivated […]
As part of Law Week 2013 last month, Baker Love Lawyers partner TERRY MORGAN presented a seminar on Neighbourhood Disputes. Neighbourhood disputes can encompass a large variety of areas, but perhaps the most commonly recognised issues are trees, fences, or perhaps a combination of the two, he writes with JANINE WILSON.
