Researcher

Summary:

Governments and planners in the Global North are increasingly faced with the challenge of providing services for growing numbers of families in the inner city. This article explores the actual and projected presence of children in inner Sydney and the pressure that gentrification and high density development has placed on school places. The conclusion of the research is that inner urban redevelopment must include sufficient public space and infrastructure not only for schools in the immediate future, but also for adaptive reuse for other, perhaps equally unanticipated, needs in the longer-term

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Discrimination law typically applies in the public, not private sphere
• Refusing to allow a guide dog into your private home or refusing to date someone because of their religion or ethnicity might make you an unpleasant person, but it is not illegal
• Strata schemes are private property and it is not clear whether
discrimination law applies to them
• The strata Acts recognise this in the prohibition on by-laws that ban guide and hearing dogs and/or assistance animals – if those provisions were not there, prima facie schemes could prevent those animals entering schemes (…)

Summary:

Nothing sets my teeth on edge like a real estate sign screaming ‘Oversized Torrens Title Townhouses’. This is because it is unlikely that new townhouses could be on Old System titles. So why do agents use the term Torrens? Because what they in fact mean by ‘Torrens Title’ is ‘not strata title’ and ‘not community title’. Of course, strata and community title are Torrens title, but what agents are trying to convey is that the townhouses do not have titles burdened by the restrictions, obligations, social and legal complications that come with ownership of strata or community title.

Summary:

After three years of consultation, the New South Wales government has released the Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. The Bills are open for comment until August 12, 2015 and are the latest attempt in longstanding strata title legislative efforts to ‘get it right’. Of course no legislation is ever going to ‘get it right’, remedying all the problems that plague strata schemes, because strata schemes are the sharing of limited amounts of space between multiple parties with divergent interests, desires and convictions (…)

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Property law is the collection of rules that regulate the rights of multiple people to the limited resource of land. When a person owns land, they own from the centre of the earth to the ‘heavens’, (the Latin maxim “cuis est solum eius est usque ad coelom et ad inferos”). Strata and community title legislation regulates the rights of people to both land and airspace, ergo, it is clearly property law.
Because strata and community title differ from non-strata and community title, there is a temptation to separate it from ordinary property law. (…)

Summary:

High rise and master planned development are a global phenomenon. However, property law differs between jurisdictions, requiring developers to use varied doctrines of private law to support similar developments. Private property law sometimes stymies rather than facilitates development,
leading developers to instigate changes in property law that are not always beneficial to the wider community. In Australia, the United States and England, high rise and master planned communities have been supported by changes in the common law and legislation, & consequently create complex property relations.

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Strata schemes present real difficulties in relation to discrimination law that have not been sufficiently thought through in Australia, either by legislatures or by some tribunals. There are some activities of a strata scheme that are irrefutably captured by discrimination legislation. For example, members of executive committees are
prohibited from sexually harassing their strata or building manager or engaging in racial discrimination when employing a tradesman. However, there are many activities of strata schemes that are not captured, or it is unclear if they are captured. (…)

Summary:

One of the fundamental aims of property statutes is to clarify the complexity of hundreds of years of judge-made property law. Some of that judge-made law is common law and some of it is equity. Equity presents particular challenges because remedies are discretionary and not available as of right. The state Torrens Acts, which all strata and community title Acts work in conjunction with, attempted to eradicate the operation of considerable equitable property rights, most notably the enforceability of equitable interests in land as a consequence of notice. (…)

Summary:

Multi-owned properties constitute an ever-growing proportion of the world’s commercial and residential building stock. The multiplicity of owners and tenants produces social and legal complexity that many existing legal systems struggle to accommodate. On 29 September 2017, a diverse group of researchers, practitioners, policy and decision makers met to discuss the challenges of multi-owned properties. The themes of the workshop were drawn from the key ideas of ‘Dynamics of Enduring Property Relations’ (Blandy, Bright & Nield 2017). This is a summary of the workshop’s deliberations.

Summary:

Though strata title legislation is over 50 years old, important questions about its intersection with other areas of law remain unanswered, including whether discrimination law applies to residential strata schemes. Bodies corporate wield considerable power over residents’ properties and lives, and the capacity to use that power in discriminatory ways is real. As ever-increasing numbers of Australians choose or are compelled to live in strata schemes, the need to resolve this legal dilemma becomes more pressing.

Summary:

This article employs a life cycle framework to examine the profound operational and governance challenges that are associated with the fusion of private lot ownership with common property ownership. The article calls for a more explicit recognition of these challenges by academics, policymakers, practitioners and the broader community.

Summary:

The success of compact cities depends on built environment quality, social relationships within buildings, and broader social norms. This paper focuses on the experiences of families with children. We extend on existing research that documents families’ experiences of poor design, to recognise the role regulation plays in shaping a sense of home. Utilising narratives of parents raising children in apartments in Sydney, Australia, we argue social norms, neighbourly interactions, and by-laws interact to enforce codes of behaviour that impinge upon family life.