Strata Proxy Form for General Meeting (NSW)

Create a comprehensive set of Strata By-Laws for an Australian strata scheme or owners corporation. This template covers all essential by-law topics including noise, parking, pets, renovations, common property use, rubbish and recycling, smoking, short-term rental accommodation, and enforcement procedures. The by-laws are designed to comply with the Strata Schemes Management Act 2015 (NSW), the Owners Corporations Act 2006 (VIC), and the Body Corporate and Community Management Act 1997 (QLD), as well as the equivalent legislation in Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. Strata by-laws are the rules that govern the day-to-day behaviour of owners, occupiers, tenants, and visitors within a strata scheme. They form a binding legal contract between the owners corporation (also called a body corporate in Queensland and some other states) and every person who owns or occupies a lot within the scheme. Well-drafted by-laws reduce disputes, protect property values, and ensure that the strata community functions harmoniously. This template addresses the most common sources of strata disputes in Australia. Noise is consistently the most reported by-law complaint across all states, and this template sets clear permitted hours for noise-generating activities such as music, power tools, and social gatherings. Parking rules specify the obligations of lot owners and occupiers regarding allocated spaces, visitor bays, and common property driveways, and address the growing issue of vehicle storage in shared areas. The pet by-law reflects recent legislative changes — particularly in New South Wales, where the Strata Schemes Management Amendment Act 2021 significantly curtailed the ability of owners corporations to impose blanket bans on pets. The template provides options for pet-friendly policies with appropriate conditions, as well as for schemes that wish to restrict pet keeping where permitted by the applicable legislation. The renovations and alterations by-law adopts the tiered approach introduced by the Strata Schemes Management Act 2015 (NSW), distinguishing between cosmetic works (which do not require approval), minor renovations (which require strata committee approval), and major works affecting common property or the building structure (which require a special resolution of the owners corporation). This approach balances the right of lot owners to improve their lots with the need to protect the structural integrity and appearance of the building. Short-term rental accommodation is an increasingly contentious issue in Australian strata schemes. The template provides options reflecting the current state of the law, including the NSW provisions under section 137A of the Strata Schemes Management Act 2015 that permit owners corporations to pass by-laws restricting non-hosted short-term rental accommodation. The enforcement section reflects the dispute resolution frameworks operating in each state, including the NSW Civil and Administrative Tribunal (NCAT), the Victorian Civil and Administrative Tribunal (VCAT), and the Queensland Civil and Administrative Tribunal (QCAT). The by-laws require written notice of breach before tribunal proceedings are commenced and encourage mediation as a first step in resolving disputes. Custom by-laws adopted under this template must be registered with the relevant state land titles office or strata regulator to be enforceable. In NSW, for example, by-laws must be registered with NSW Land Registry Services to have legal effect. It is strongly recommended that by-laws be reviewed by a strata solicitor or licensed strata manager before adoption and registration.

Create a Section 32 Vendor's Statement as required by section 32 of the Sale of Land Act 1962 (Vic) before selling property in Victoria. Discloses title encumbrances, outgoings, planning zones, building permits, services, and statutory warnings. Must be provided to the purchaser before the contract of sale is signed.

A Property Sale Contract (also called a Contract for Sale of Land) is the foundational legal document used in every residential and rural property transaction in Australia. This contract records the agreed terms between the vendor (seller) and the purchaser (buyer), and once executed and exchanged by both parties, it becomes legally binding. Unlike some other countries, Australian conveyancing practice requires a written contract before a binding sale can occur, and each state and territory has its own legislative framework governing the content and enforceability of that contract. In New South Wales, the sale of residential property is governed by the Conveyancing Act 1919 (NSW) and the Conveyancing (Sale of Land) Regulation 2022. Section 52A of the Conveyancing Act 1919 requires the vendor to attach a prescribed set of documents to the contract before it is signed by the purchaser, including a copy of the title search, a drainage diagram, a sewer service diagram, a copy of any planning certificate issued under section 10.7 of the Environmental Planning and Assessment Act 1979, and copies of any documents creating easements, covenants, or restrictions affecting the property. Failure to attach these documents entitles the purchaser to rescind the contract at any time before settlement. In Victoria, residential property sales are regulated by the Sale of Land Act 1958 (VIC) and the Estate Agents Act 1980 (VIC). The vendor must provide a Section 32 Vendor Statement (also called a vendor's statement) before the contract is signed. The Section 32 statement must disclose all mortgages and other encumbrances on the property, outgoings such as rates and council charges, any notices affecting the property, planning scheme information, and building permits issued in the past seven years. A failure to provide a compliant Section 32 statement can entitle the purchaser to rescind the contract prior to settlement. A key feature of Australian residential property contracts is the cooling-off period, which gives the purchaser a statutory right to withdraw from the contract within a specified number of business days without having to give reasons. In New South Wales, the cooling-off period is five business days under section 66S of the Conveyancing Act 1919. In Victoria, the cooling-off period is three business days under section 31 of the Sale of Land Act 1958. In Queensland, the statutory cooling-off period is five business days. In South Australia, it is two clear business days. If the purchaser exercises the cooling-off right, the vendor is entitled to retain 0.25% of the purchase price as a rescission fee, and the balance of any deposit paid must be refunded. The cooling-off right does not apply where the property was sold at auction. The deposit is a critical component of the Australian property sale contract. The standard deposit amount is 10% of the purchase price, paid on exchange of contracts. The deposit is held in the real estate agent's trust account or the vendor's solicitor's trust account until settlement. The deposit forms part of the purchase price and is credited to the purchaser at settlement. If the purchaser defaults and the vendor terminates the contract, the vendor is typically entitled to forfeit the deposit and sue for any additional loss. Settlement is the final stage of the property transaction, at which the balance of the purchase price is paid and the legal title to the property is transferred to the purchaser. In most Australian states, settlement now occurs electronically through the PEXA (Property Exchange Australia) platform, which enables real estate lawyers and conveyancers to complete the transfer of land and the financial settlement simultaneously in a secure online workspace. A finance condition (also called a subject to finance clause) is commonly included in Australian property contracts where the purchaser requires a mortgage to fund the purchase. The finance condition gives the purchaser the right to terminate the contract if they are unable to obtain unconditional finance approval from a lender by the specified finance date. The purchaser must use reasonable endeavours to obtain finance approval and must notify the vendor of the outcome by the finance date. GST is generally not applicable to the sale of residential property in Australia, unless the property is a new residential premises or commercial residential premises (such as a new house and land package, a newly converted dwelling, or a serviced apartment). Where GST applies, the sale is a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the vendor must issue a tax invoice. A margin scheme may be available to reduce the GST payable in certain circumstances. This template is suitable for the private sale of residential property in any Australian state or territory. Both vendor and purchaser should engage a licensed solicitor or conveyancer to review the contract before exchange, to ensure that all statutory requirements and necessary annexures specific to the applicable state are included.

An NDIS Service Agreement is a written contract between a National Disability Insurance Scheme (NDIS) participant (or their nominee or guardian) and an NDIS service provider, setting out the supports to be delivered, the prices to be charged, the cancellation policy, and the rights and responsibilities of each party. Under the National Disability Insurance Scheme Act 2013 (Cth) (the "NDIS Act") and the NDIS (Supports for Participants) Rules 2013, NDIS service providers and participants are expected to enter into written service agreements before supports are delivered. The NDIS Act 2013 (Cth) established the National Disability Insurance Agency (NDIA) as the statutory authority responsible for administering the NDIS. The NDIS provides individualised funding to eligible Australians under 65 who have a permanent and significant disability that affects their ability to take part in everyday activities. The NDIS funds a broad range of supports, known as support categories, which cover daily activities, social and community participation, health and wellbeing, learning, home and living, relationships, life choices, and daily activities. The NDIS Quality and Safeguards Commission (the "NDIS Commission") is the national body responsible for regulating NDIS providers and their workers. The NDIS Commission administers the NDIS Practice Standards, the NDIS Code of Conduct, and the NDIS provider registration scheme. Registered NDIS providers must hold registration in the support categories in which they deliver supports, and must comply with the NDIS Practice Standards applicable to those categories. Unregistered providers may deliver supports to self-managed and plan-managed participants but are still bound by the NDIS Code of Conduct. The NDIS Pricing Arrangements and Price Limits (previously the NDIS Price Guide) set the maximum prices that registered NDIS providers can charge for supports. Prices vary by support category, time of day, day of week (weekday, Saturday, Sunday, public holiday), and geographic location (metropolitan, remote, very remote). Providers may charge less than the price limits but cannot charge more. The NDIA updates the Pricing Arrangements periodically, and service agreements should specify the applicable support item numbers and pricing at the time the agreement is signed. Plan management is a key concept in every NDIS service agreement. The participant's NDIS plan may be managed in three ways: NDIA-managed (also called agency-managed), where the NDIA pays providers directly and only registered providers can be used; plan-managed, where a plan management provider receives the NDIS funds and pays providers on the participant's behalf (allowing use of both registered and unregistered providers); or self-managed, where the participant controls the NDIS funds and can engage any provider they choose. The cancellation policy is a particularly important element of an NDIS service agreement. Under the NDIS Pricing Arrangements, registered providers may charge for short-notice cancellations — defined as cancellations made by the participant within a specified period before the scheduled support (currently two clear business days for most support categories). Where a short-notice cancellation occurs, the provider may charge up to 100% of the agreed support price for that session. The service agreement must set out the cancellation notice period and the applicable cancellation charge, consistent with the NDIS Pricing Arrangements. Participant rights are central to every NDIS service agreement. The NDIS Code of Conduct requires all providers and their workers to act with respect for individual rights to freedom of expression, self-determination and decision-making; act with integrity, honesty and transparency; take reasonable steps to prevent and respond to violence, exploitation, neglect and abuse; take reasonable steps to prevent and respond to sexual misconduct; provide supports and services in a safe and competent manner; and promptly take steps to raise concerns about matters that might affect the quality and safety of supports. Self-advocacy, independence and community inclusion are core objectives of the NDIS Act. Service agreements must be drafted in plain language that the participant can understand, and should be explained to the participant (and their nominee or guardian where appropriate) before signing. The participant retains the right to have a support person or advocate assist them in understanding and negotiating the agreement.