EXPERIENCE & EXPERTISE
We can advise and assist on a range of legal and risk issues faced by owners corporations, managers, lot owners and industry stakeholders.
We advise on:
- Defects and flammable cladding disputes
- Boundary disputes including the benefit principle and plan of subdivision interpretation
- Lot owner disputes including breach notices and nuisance issues
- Contract review and negotiation
- Debt recovery – fixed fee and event costing
- Work health and safety & employment issues.
Defect Disputes
We have acted in hundreds of defect disputes concerning apartments nationally, addressing issues such as flammable cladding; cracking render and paintwork; fire separation defects; leaking balconies and planter boxes; rusting balustrades; water ingress to car parks; calcification of swimming pools and tiling, and non-compliant building works.
Our team has worked with leading experts—including building consultants, engineers, architects, surveyors, and quantity surveyors—to assess defects and provide the technical foundation for claims. We pursue recovery through VCAT and the courts, seeking orders for the original builder to rectify the defects or compensate the Owners Corporation for the cost of rectification.
Additionally, our construction team advises on remedial contracts and works, helping OCs efficiently coordinate rectification projects while minimising disruption to residents and ensuring the best possible outcome.
Flammable Cladding
We have acted for a number of owners corporations in relation to buildings with flammable cladding and have:
- Responded to council show-cause and rectification notices
- Appealed rectification notices to the Building Appeals Board
- Sued builders for the rectification of unsafe cladding
- Negotiated deeds for builders to respond to show cause notices on behalf of owners corporations.
We are familiar with
all relevant legislation and case law concerning defective cladding including:
the ‘deemed to satisfy’ provisions and the ‘performance based’ requirements of
the relevant codes and standards; the procedures for responding to show-cause
and rectification notices; and the authorities which give guidance as to who is
liable for defective cladding. The teams’ experience in cladding claims is
highlighted by the fact that we have advised government bodies on their
responses to the cladding crisis.
Lot Owner Disputes
We are adept at resolving disputes between lot owners and owners corporations and are skilled at advising on:
- Interpretation of Owners Corporation Rules
- Interpretation of strata plans and identification of lot versus common property (boundary disputes)
- Identifying responsibility for maintenance and repair fees
- Noise and nuisance complaints.
Work Health & Safety and Employment Issues
We have extensive experience advising on the full range of WHS, employment and contractor issues associated with this sector, including:
- Engaging and managing caretaker arrangements
- Representation in bullying matters including matters involving tenants and owners corporation staff
- Establishing appropriate WHS frameworks and liaising with WorkSafe in connection with all inspections
- Drafting all forms of employment-related materials.
Debt Recovery
-
We recover unpaid fees and levies for a fixed fee or under event-based costing agreements so there are no surprises or hidden extras
- We advise what fees can and can’t be included in Fee Notices and the procedures that must be followed before commencing recovery proceedings in the civil and administrative tribunals of each jurisdiction.
WHY CHOOSE US?
With deep expertise in Owners Corporation law, we go beyond legal advice to deliver strategic, practical solutions that drive real results. What sets us apart is the depth of our firm across key associated areas, including construction, property, employment, insurance, and debt recovery. This means we can tackle complex strata issues from every angle—whether it's pursuing defect claims, enforcing contracts, recovering unpaid levies, or navigating governance disputes.
Trusted by Owners Corporations, committees, and strata managers, we are committed to protecting your interests and achieving outcomes that matter.
Email our team direct at construction@moray.com.au or click below.
CONTACT US
MEET THE TEAM
Recent Insights