Strata Law Intensive: Major Developments
With Strata and Community titles experiencing significant growth across Australia, ensure your legal knowledge is solid and current. Whether you’re a strata lawyer or manager, you’ll leave with an expanded knowledge on the latest legislative updates across the community land management, cladding and DBP Act. Walk away with a nest-egg of strategies for claims escalations, dispute resolution and the ability to avoid compulsory strata management and scheme dysfunction. 232N05
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Nicholas James, Senior Associate, Kerin Benson Lawyers
CRITICAL STRATA LAW UPDATES
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Strata Schemes and Community Land Management Act Update
- Analyse the recent changes in both the Strata Schemes Management Act 2015 and the Community Land Management Act 2021 including the sustainability infrastructure provisions
- Discuss some of the more contentious changes brought about by the reforms to both Acts Examine how these changes have affected schemes
Presented by Allison Benson, Principal, Kerin Benson Lawyers
9.50am to 10.35am Design and Building Practitioners Act 2020 for Strata Plans
- General update as to the implications of the DBPA on strata schemes
- When is a regulated design required
- What does this mean for an owners corporation
- Is development approval required for remedial works
Presented by Helen Kowal, Partner, Swaab
10.35am to 11.20am Compulsory Strata Management and Strata Scheme Dysfunction: Recent Trends in New South Wales
Residential strata has benefits – close neighbours, sharing in maintenance and management costs, voting on by-laws, and peace of mind with competent strata management. There is also an important further element, sometimes necessary in achieving the above outcomes – specific statutory rights given to lot owners. These rights can curtail unfair or oppressive by-laws and also deal with strata mismanagement.
- Analyse recent relevant recent trends in New South Wales
- Explore what can be done if the strata scheme is being mismanaged, and a concerned lot owner does not have the voting ability to change things?
- Is compulsory management a realistic option when people don’t get along?
Presented by Yunsi Feng, Senior Associate, Holding Redlich
11.20am to 11.35am Morning Tea
STRATA LAW DISPUTES: PRACTICE AND PROCEDURE
11.35am to 12.20pm Defect Disputes: Effective Claims Escalation and Key Strategies for Dispute Resolution
- Utilising the available pathways for escalation of claims
- Navigating the Three Amigos of the new regulatory landscape: the RAB Act, the DBP Act and the SBBIS
- Effective engagement with the Building Commissioner and the Department
- Bringing claims for damages or rectification in Court or the Tribunal
- Litigation strategy, rectification of defects and expert engagement: common pitfalls to avoid
- Settlement strategies
Presented by Scott Higgins, Partner, Mills Oakley
12.20pm to 1.05pm Recent Decisions Affecting Strata Plans
- Inclusion of new defects in existing litigation
- Jurisdiction of NCAT for DBPA Defects claims
- Damages claims by owners against Strata Plans under the SSMA
Presented by Carlos Mobellan, Barrister, Third Floor St James Hall Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Nicholas James
Nick graduated from Macquarie University with a Bachelor of Laws and a Bachelor of Arts (majoring in Criminology) in September 2017. He completed his Graduate Diploma of Legal Practice at the College of Law in January 2019. Nick was admitted as a lawyer in New South Wales at the beginning of May 2019. Nick joined Kerin Benson Lawyers as a Lawyer in March 2019. Nick is responsible for assisting with matters such as building & construction disputes, fire and life safety issues and strata law advice both in NSW and in the ACT. Nick has assisted in several strata and building defects disputes across the ACT and NSW. He has previously acted for both Owners Corporations, businesses and individuals in a wide variety of litigation, negotiation and strata matters. Nick has appeared in the Local Court, District Court and Supreme Court in NSW, in matters ranging from debt recovery, to interlocutory hearings in large commercial disputes. He has also represented several clients in mediation and other dispute resolution sessions. Nick is a member of the City of Sydney Law Society. When Nick is not at work he enjoys running, going to the beach, going to comedy shows and travelling. He also is an avid sports fan of all sports but in particular, Rugby Union, Rugby League and Basketball.
Allison Benson
Allison is a strata & community titles lawyer who has provided general advice, acted in disputes, including building defect disputes, and worked with clients in preparing and enforcing by-laws and strata management statements since 2008. From 2012, Allison has acted exclusively on behalf of owners corporations, associations and lot owners in respect of providing advice and acting in strata and community association disputes and also in respect of building and construction disputes.
Helen Kowal
With a legal career spanning over 25 years in general practice, for the past 12 years Helen Kowal has specialised in building, construction, strata and property. She has worked for many owners corporations, developers and builders in all facets of building and construction law in all jurisdictions. Negotiation and drafting of building contracts, project management and superintendent agreements. Acting in building defect claims under the Home Building Act 1989 in NCAT and Supreme Court of NSW. Acting for developers, owners corporations and lot owners at the forefront of strata renewal legislation introduced in November 2016 including all steps required under Part 10 of the Strata Schemes Development Act 2015. Acting for owners corporations and owners in all aspects of strata law and strata disputes arising under the Strata Schemes Management Act 2015 including s237 applications and s106 claims. Preparation of call option deeds. Acting in boundary and development matters including easements, crane and ground anchor licence deeds and boundary disputes.
Yunsi Feng
Yunsi is a titling and property transactions lawyer with extensive experience in land acquisitions and disposals, commercial and retail leasing, land subdivisions and easement law. Yunsi’s familiarity with residential, commercial/retail and mixed-use property work has enabled her to assist a diverse client base, including both private companies and government entities. Yunsi is also well versed in community and strata titling law and has delivered advice in relation to community, stratum and strata titling schemes for developer, individual, owners corporation and statutory authority clients.
Scott Higgins
Scott has deep experience in the construction and engineering industries and advises Australia’s leading companies in these sectors on contract documentation and project delivery. He brings particular expertise in strategic claims management and dispute resolution and regularly advises on pursuing and defending claims in relation to significant commercial and infrastructure projects. He is renowned for providing exceptional client service, sharp legal and strategic advice and know-how in successfully steering and resolving complex technical and engineering disputes. Scott’s clients include institutional developer and major contractor clients and ASX-listed companies including United Group Limited (UGL), The GPT Group, GrainCorp, Coca-Cola Amatil, CSR and Stockland.
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.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km