Death on Common Property
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Death on Common Property

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strata act, strata mediation, body corporate fees, owners corporation fees, levy recovery, levy collection, strata title, building and construction law, strata negotiation, mediation strata, company ...

strata act, strata mediation, body corporate fees, owners corporation fees, levy recovery, levy collection, strata title, building and construction law, strata negotiation, mediation strata, company title law, strata law, strata lawyers, building defects, by-laws, bylaws, litigation, strata, nsw strata law, victorian strata law, ACT strata law, company title

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Death on Common Property Death on Common Property Presentation Transcript

  • Death on Common Property Who’s Guilty 7 April 2011 © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • A $10 Latch and 10 Minutes Work Would Have Saved This Boy’s Life Iman Akter Mostafa, aged three (top left), died when he fell from a window of a strata scheme in Kogarah in 2009 http://www.chw.edu.au/p arents/kidhealth/building _falls/ © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Who’s Guilty for Death on Common Property Depends on…. 1. 2. 3. 4. 5. Who dies? Obviousness of risk Probability of risk Magnitude of risk Cost or inconvenience of avoiding risk The Shirt Calculus; Wyong Shire Council v Shirt (1980) 146 CLR 40 © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Applying the Shirt Calculus for Iman © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • There Are No Prizes for Leaving Possible Defendants © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • An Owners Corporation’s Duty of Care is Three Dimensional © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Reasonable Care Includes Compliance with Australian Standards When Built © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Findings of Negligence in Toomey © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Reasonable Care Does Not Include Retro Fitting for Changing Australian Standards © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Reasonable Care Includes Adopting New Non-Structural Australian Standards © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • A Shift to Affirmative Action in NSW © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Applying Seiwa to Injury Cases © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • A Qualified Duty of Care Exists in WA © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Strata Manager v Body Corporate © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Owners Corporation v Property Manager © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Residential Common Property is Always a Workplace © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Strata Managers Are Also Controllers © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • New Work Health & Safety Laws Applied from January 2012 © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Residential Exemption Likely to Be Meaningless and Confusing © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Beyond WHS Other Laws and Standards are Sprouting © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • Best Practice Recommendations © Copyright 2012 Teys Lawyers www.teyslawyers.com.au
  • About the Presenter Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in the area of strata and community title law. He is a Fellow of the Australian College of Community Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He has also been the CEO of a publicly listed company and one of Australia’s largest strata management companies managing over $8B of residential and commercial property. Michael appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property edition of Your Money, Your Call for the same channel. You can read Michael’s blog at www.michaelteys.com and follow him on Twitter at @MichaelTeys.com Teys Lawyers practice nationally in strata and community title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, strata community disputes, strata title property law, by-law / rules and levy / fee collection. TEYS Lawyers provide an entirely cloud based working platform for their team. The firm provides flexible working arrangements and has remote working locations in Queensland and Victoria. © Copyright 2012 Teys Lawyers www.teyslawyers.com.au