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Recent Work

  • Recommended legal provider to a number of large bodies corporate – including Hope Island and Sanctuary Cove (regulated by the Building Units and Group Titles Act 1980 and the Integrated Resort Development Act 1987).

  • Advising hundreds of bodies corporate on a range of issues from cabling for new information technology infrastructure to easement disputes and management rights issues (amongst other things).  Some notable matters we have acted on include:

    • At Surfers Palms North, we managed to have an adjudicator in the Office of the Commissioner for Body Corporate and Community Management order the appointment of an administrator to a body corporate committee. This was based solely on their conduct with respect to our client, the resident manager, and was the first time in Queensland this had occurred.

    • At Tennyson Reach, we acted for the body corporate in securing urgent approval to raise a special levy of $3 million and convene a general meeting on 7 days (instead of 21 days) notice, as well as approval to spend $1 million of monies pending the approval of the body corporate as a result of the January 2011 floods.  This was the first time this had occurred in Queensland.

    • At Noosa Blue, we acted for a body corporate against a receiver to negotiate significant commercial concessions in relation to the existing management rights arrangements.

    • Acting for a body corporate in circumstances where the QFRS had issued certain statutory notices relating to alleged fire safety defects in the building, fundamentally arising out of concerns over whether it was a class 2 building being used for class 3 purposes.  We have also been involved in numerous disputes arising out of the class 2  / class 3 issue, particularly where they involved a dispute with a resident manager undertaking short term letting in a class 2 building.

    • At Tennyson Reach we advised the body corporate on the mechanism to assign their rights to pursue an insurer for a disclaimed insurance claim to Mirvac for the purposes of Mirvac pursuing the insurer in its own right.

    • At Aarons, we acted for a developer to control the nominations to committee positions of their representatives of a largely owned strata building.  This was challenged, and our view was upheld on appeal.  The BCCM Act was changed in 2008 as a result.

    • We acted for a group of disgruntled owners at Viridian Residences to overturn an approval of certain works otherwise approved at general meeting.

Key Contacts

Todd Garsden

Todd Garsden

Senior Associate

Body Corporate
Management Rights