Death on Common Property

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Information about Death on Common Property

Published on March 4, 2014

Author: teyslawyers



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

Death on Common Property Who’s Guilty 7 April 2011 © Copyright 2012 Teys Lawyers

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 arents/kidhealth/building _falls/ © Copyright 2012 Teys Lawyers

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

Applying the Shirt Calculus for Iman © Copyright 2012 Teys Lawyers

There Are No Prizes for Leaving Possible Defendants © Copyright 2012 Teys Lawyers

An Owners Corporation’s Duty of Care is Three Dimensional © Copyright 2012 Teys Lawyers

Reasonable Care Includes Compliance with Australian Standards When Built © Copyright 2012 Teys Lawyers

Findings of Negligence in Toomey © Copyright 2012 Teys Lawyers

Reasonable Care Does Not Include Retro Fitting for Changing Australian Standards © Copyright 2012 Teys Lawyers

Reasonable Care Includes Adopting New Non-Structural Australian Standards © Copyright 2012 Teys Lawyers

A Shift to Affirmative Action in NSW © Copyright 2012 Teys Lawyers

Applying Seiwa to Injury Cases © Copyright 2012 Teys Lawyers

A Qualified Duty of Care Exists in WA © Copyright 2012 Teys Lawyers

Strata Manager v Body Corporate © Copyright 2012 Teys Lawyers

Owners Corporation v Property Manager © Copyright 2012 Teys Lawyers

Residential Common Property is Always a Workplace © Copyright 2012 Teys Lawyers

Strata Managers Are Also Controllers © Copyright 2012 Teys Lawyers

New Work Health & Safety Laws Applied from January 2012 © Copyright 2012 Teys Lawyers

Residential Exemption Likely to Be Meaningless and Confusing © Copyright 2012 Teys Lawyers

Beyond WHS Other Laws and Standards are Sprouting © Copyright 2012 Teys Lawyers

Best Practice Recommendations © Copyright 2012 Teys Lawyers

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 and follow him on Twitter at 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

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