Strata Law Intensive: Major Developments
This seminar covers all of the major issues shaking up strata law at the moment. From pet bans to Airbnb. Discover the key takeaways from recent NCAT Orders and Supreme Court cases. This comprehensive intensive also covers key changes in relation to building defects, strata renewal and collective sales.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Ian McKnight, Consultant, Sarvaas Ciappara Lawyers
9.00am to 10.00am: NCAT Strata Disputes: Critical Updates
- Interim and substantive orders
- Recent jurisdictional limit cases
- Latest pet by-law cases
- Short term letting reform
- Uncollected good reform
Presented by David Bannerman, Principal, Bannermans Lawyers; Best Lawyers 2019, Strata/Construction Law
10.00am to 11.00am: Major Strata Title Decisions
Examine major decisions likely to affect your practice and the key takeaways, including:
- Interpreting exclusive use by-laws: Pollak v The Owners – Strata Plan No. 2834 & The Owners – Strata Plan No. 3397 v Tate
- Determining whether proposed work to common property requires approval by ordinary or special resolution: Glenquarry Park Investments Pty Ltd v Hegyesi
- Cost consequences of commencing proceedings arising from a strata title dispute in the Supreme Court: EB9 & 10 Pty Ltd v The Owners – Strata Plan No. 934
Presented by Jane Crittenden, Principal, Jane Crittenden Lawyer
11.00am to 11.10am: Break
11.10am to 12.10pm: Building Defects: Key Changes
- Building Defects: 2020 Overview including review of the Design and Building Practitioners Act 2020
- Historical considerations
- Scope of new duty of care
- Key concepts and definitions
- Limitations issues
- Interactions with other laws and legislation
- Proportionate liability considerations
Presented by Carlos Mobellan, Barrister, 3 St James Hall
12.10pm to 1.10pm: Strata Renewal & Collective Sales
- step by step process
- case law and developments
- progressing renewals during Covid-19
- case studies & practical issues
Presented by Leisha de Aboitiz, Partner, Massons
Presenters
David Bannerman
David Bannerman is the principal of Bannermans Lawyers, Sydney’s leading Strata Law firm, providing specialised legal services for the Strata industry, the development and construction industry and the insurance industry. He is an Accredited Property Law Specialist with the Law Society of New South Wales and has over 15 years extensive experience in all aspects of property law and building litigation. David has a keen interest in education and training, regularly presenting education seminars to lawyers, experts, certifiers and strata managers. Additionally, David is a Director of Strata Community Australia (NSW) and Chairman of the code of conduct committee. His experience of the industry and in the courts enables him to identify and provide training on current strata issues and changes in the law in a practical and helpful way to both lawyers and strata managers
Jane Crittenden
Jane is a member of the Property Law Committee of the Law Society of New South Wales. Jane has practised as a litigation lawyer since her admission as a solicitor of the Supreme Court of New South Wales on 29 June 1990. Her experience as a litigation and dispute resolution lawyer has been gained in large city firms and small specialised practices and has included professional indemnity and product liability law, commercial litigation and strata title law.
Carlos Mobellan
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999 and the Strata Schemes Management Act 2015. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies.
Leisha de Aboitiz
Leisha has nearly 20 years’ of legal experience and has been practising as a commercial property lawyer for more than 15 years. She is experienced in various aspects of property law, including sales and acquisitions, leasing, property development, and specialist property-related advice (eg long-term leasehold, combustible cladding, and distressed property sales). Leisha has a strong background and particular specialisation in complex titling and strata law, including strata renewal and collective sales, strata management and compliance, stratum subdivision, and structured titling. Her clients are from various sectors, including property and investment funds, government, property developers, strata schemes and corporates. As an active member of the Real Estate Institute of NSW, she has been a member of the Strata Chapter Committee since 2016, and currently sits on the REI NSW Board as a director.
Ian McKnight
Ian McKnight is a Practice Group leader and widely regarded as a doyen of strata law in New South Wales. His standing has been earned over the course of a 41 year career bestriding property law and strata management. Unique amongst property lawyers, Ian is a genuine specialist. Strata and community title law is not a part time pursuit, it forms the core of his day-to-day legal practice. He brings firsthand experience of the strata challenges to his advice from his time as a director of a corporate strata management firm. Ian is the author of the Strata Titles chapter of Lexis Nexis Butterworths New South Wales Court Forms and Precedents. Ian counts amongst his clients strata managing agents, owners corporations, developers, building managers, property professionals, real estate investors and regulators.