Build to Rent: The Legal Issues
Build to rent is the biggest thing in the development and leasing markets around Australia. Take away essential analysis from experts in planning, tax and development who will dissect the major legal issues so you can be fully abreast of them no matter where you practice. Dive into the planning contractual and commercial issues you need to be across. Explore the major tax considerations including GST, stamp duty where applicable, income tax and land tax. WEB216N30
Description
Attend and earn 2.5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: David Ellenby, Partner, Corrs Chambers Westgarth
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 2.55pm Major Issues when Developing and Starting Build To Rent Projects
- BTR landscape: the current situation, key players and why it's needed
- Contractual issues
- Commercial issues
Presented by Simon Ashworth, Partner, K&L Gates
2.55pm to 3.45pm Planning Issues
- Planning policies
- The ground-breaking NSW changes: what they might mean in practice
Presented by Aaron Gadiel, Partner, Mills Oakley; Accredited Specialist in Local Government & Planning/Planning & Environment; Recommended Planning & Development Lawyer, Doyle’s Guide 2020
3.45pm to 3.55pm Break
3.55pm to 4.45pm Tax Issues and Developments
- Income tax
- GST
- Stamp duty and land tax
Presented by Steve Whittington, Senior Associate, Ashurst
Presenters
David Ellenby
David is a Partner at Corrs Chambers Westgarth in the Property and Real Estate team. He has experience in a broad range of property transactions but has a particular focus on “cradle to grave” developments (including build to rent). His other experience includes disposals and acquisitions of commercial, industrial and residential land, joint ventures, mixed-use developments, leasing (including ground leases), water rights and infrastructure projects. David also provides strategic advice in relation to title structuring, owners corporations and charitable trusts.
Simon Ashworth
Simon advises consortia, contractors and construction companies on a wide range of infrastructure procurement in both Australia and New Zealand. He specializes in procurement strategy and contractual drafting and negotiations, including for infrastructure projects (in particular transport and social infrastructure) and energy and resources projects. He has advised on a number of government infrastructure projects for both public and private sector clients including the Sydney Light Rail PPP, Grafton Prison PPP, Auckland Prison PPP, South Auckland (Wiri) Prison PPP, Gold Coast Light Rail PPP, Cross River Rail PPP, Sydney Growth Trains, NSW Social and Affordable Housing Fund Phase 2, Sydney Ferries Outsourcing and Australia's new Antarctic Icebreaker.
Aaron Gadiel
Aaron is a well-known planning and environment law specialist - with more than 20 years' experience in land use planning and development regulation. Aaron provides practical advice to facilitate urban development and to overcome red tape. He is also an experienced litigator - representing property developers and landowners in Land and Environment Court proceedings on a daily basis. Aaron regularly negotiates major planning agreements with local councils and state government agencies. Aaron advises and represents property developers, certifying authorities and public sector organisations. Aaron was a member of the Law Society’s Environmental Planning and Development Committee from 2009 to 2016.
Steve Whittington
Steve is a senior associate in Ashurst's Sydney tax practice advising on income tax matters, with a particular focus on real estate, infrastructure, funds, and mergers and acquisitions. He advises on income tax issues associated with all real estate asset classes, and in the build to rent space has advised clients on both inbound and outbound investment structures, and also on establishing build to rent funds in Australia. He is a member of the Tax Committee of the Property Council of Australia, and has participated in consultation with the Australian Government on the legislative settings for the income taxation treatment of build to rent as an asset class.