Owners Corporations: Legislative and Case Update
Explore the significant implications and practical applications of the new Owners Corporations and Other Acts Amendment Act 2021 coming into effect on 1 December 2021. What are your obligations and what is the impact on developers? Examine the new law on short stay letting, its limitations and how to navigate the new law. Finally, review significant recent cases from VCAT related to Owners Corporations and analyse the critical takeaways you need to know.. WEB219V06
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Malcolm Watson, Partner, Gadens; Best Lawyers 2022, Real Property Law; Accredited Specialist in Property Law
2.00pm to 3.00pm New Law! Changes that Developers will Need to Consider in Delivering a New Development with an Owner Corporation
Upcoming amendments to the Owners Corporation Act will increase obligations on developers or require changes to current practices. Learn how to effectively navigate these changes by examining:
- What new documents need to be prepared for and provided to the OC?
- How will changes to management agreements and appointment of OC managers affect current practices?
- What is the impact of limitations on terms of agreements made before the creation of an OC?
- How might prohibition of some lot types affect structuring of embedded networks?
Presented by David Andrewartha, Senior Associate, MinterEllison
3.00pm to 3.30pm New Law! The Ability of Owners Corporations to Enforce Short-stay Letting Restrictions Under Owners Corporation Rules and Other Ways
Short-stay letting and residential strata living don't mix. Think late night parties and towels stolen from the gym. Can the Owners Corporation rules restrict short stays?
- Have the recently introduced Victorian legislative restrictions solved the problem?
- What can be done to protect residents from the problems of short-stay letting?
- Grasp potential solutions based on new law and innovative application of more traditional legal concepts
Presented by Jason Cornwall-Jones, Partner, Ashurst; Best Lawyers 2022, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2021
3.30pm to 3.45pm Afternoon Tea
3.45pm to 5.15pm Critical Analysis of Recent VCAT Decisions on Owners Corporations
- VCAT processes and procedures
- Encroachments and implied easements
- Termination of management contracts
Presented by Daniel Epstein, Barrister, Patterson’s List
- Authorising orders
- The benefit principle
- Amending plans of subdivision
Presented by Tim Graham, Partner, Bugden Allen Graham Lawyers; Best Lawyers 2022, Real Property Law; President, Australian College of Community Association Lawyers; Council Member, Strata Communities Australia
Presenters
Malcolm Watson, Partner, Gadens
Malcolm has a strong practice in commercial property acquisitions, dispositions, conveyancing, retirement/aged care and subdivisional matters. Malcolm's clients include institutional lenders, property groups and developers, and numerous private and corporate clients. He is a regular presenter for Legalwise Seminars, the Law Institute of Victoria and Leo Cussen Institute. Professional affiliations include membership of the Property Law section of the Law Institute of Victoria and membership of the Certified Practising Accountants Australia. Malcolm has been nominated by peers as a "Best Lawyer" in the area of Real Property Law since 2016.
David Andrewartha, MinterEllison
David has a broad experience advising on commercial and retail leasing matters, statutory land acquisition, property disputes, forestry management and carbon rights. He has acted for developers, property owners and managers, corporates and government entities at a local, state and federal level, as landlords, tenants, vendors or purchasers. Before becoming a lawyer, he worked as an operational plantation supervisor for five years. He has also been involved in the Australian Army Reserves since 1994.
Jason Cornwall-Jones, Partner, Ashurst
As a partner with almost 20 years' experience in commercial property, Jason has breadth and depth of experience in the acquisition, disposal, development and leasing of industrial, commercial and government properties. Jason has a very strong market profile gained particularly through his work in the real estate development space. Jason has worked on some of the most significant property transactions in Melbourne including advising Melbourne City Council on the Queen Victoria Market $A250 million market redevelopment. His clients have also included Australia, Box Hill Institute, Capital Alliance Investment Group, Brookfield and Cbus. Jason is a lead general real estate adviser to a number of Australia's household names, including Woolworths, Australia Post, Toll Logistics, CitiPower/Powercor and Airservices Australia.
Tim Graham, Partner, Bugden Allen Graham Lawyers
Tim joined Bugden Allen Graham Lawyers in June 2021, his name being added to the firm’s brand. He is President of the Australian College of Strata Lawyers and a Fellow of the College. Tim is a Council Member of Strata Community Australia (National) and Strata Community Australia (Victoria). He also sits on the Property Law Committee of the Law Institute of Victoria. Tim has conducted over 300 seminars and has guest lectured at RMIT, Deakin University and UNSW. He is a member of the Editorial Panel of the Australian Property Law Bulletin. He authors the Owners Corporations chapter of the Lawyers’ Practice Manual and wrote the case study update for Subdivisions with the Lot.
Daniel Epstein, Barrister, Patterson’s List
Daniel practices in the VCAT Jurisdiction in the areas of administrative and civil law. He specialises in planning and environment law, building and construction law, compulsory acquisition law, leasing law, owners corporation law and Australian consumer law. His experience includes preparing complex litigation and merits advice, pleadings, affidavits, submissions, appearing in disciplinary proceedings, mediations, interlocutory applications, compulsory conferences, final hearings and appeals. Daniel appears at VCAT, Magistrate Court of Victoria, County Court of Victoria, Supreme Court of Victoria, Federal Court of Australia, Victorian Planning Panels, Building Appeals Board of Victoria, Building Practitioners’ Board, Administrative Appeals Tribunal and others.