Strata Law Intensive: Developments, Best Practice & Strategies

Wondering about the changes to strata schemes legislation following the 5-Year Review? The consequences of updates to the Design and Building Practitioners Act on the strata industry? How to formulate the best strategy when faced with building defect matters? Get the answers you need to these crucial issues and beyond at the upcoming Strata Law Intensive. Plus, elevate your skills in negotiation and termination of building management contracts and give your practice the upper hand. 242N13

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is based on NSW legislation

Chair: David Baker, Consulting Principal; Keypoint Law; Accredited Specialist in Commercial Litigation

9.00am to 10.00am Changes to Strata Schemes Legislation Following the 5-Year Review

The strata and community title legislation has now been reviewed. The Strata Legislation Amendment Bill 2023 was introduced to Parliament on 10 October 2023 introducing much needed changes and tightening up some key areas.

  • Receive a breakdown of the key changes to the legislation and what this means for your strata law practice

Presented by Allison Benson, Principal, Kerin Benson Lawyers; Member, ACSL Committee

10.00am to 11.00am Design and Building Practitioners Act 2020 Update

  • What impact has the reform had on the construction industry generally?
  • What are we seeing 3 years on?
  • How have the unintended consequences of the reform on the remedial/strata industry been addressed?
  • Future reform: Can we expect more?
  • Case summaries

Presented by Helen Kowal, Partner, Swaab

11.00am to 11.15am Morning Tea

Professional Skills
11.15am to 12.15pm The Practicalities of Buildings Defect Matters: When to Run, What Jurisdiction to Choose & When to Make a Claim

  • Dispute resolution pathways
  • Steps to take prior to commencement of any proceedings
  • Formulation of appropriate litigation strategy
  • Identifying the right expert, and briefing the expert appropriately to avoid unnecessary costs
  • Effective written and oral advocacy before NCAT (where applicable)

Presented by Matthew McGirr, Barrister, 8 Wentworth Chambers

12.15pm to 1.15pm Building Management Contracts, Negotiation and Termination

  • Brief history of legislative regulation of building management contracts in NSW since 2002
  • How is a ‘building manager agreement’ currently defined under NSW strata legislation?
  • What special legislative requirements make ‘building manager agreements’ different to other contracts entered into by owners corporations?
  • Drafting requests for tender, evaluating proposals and negotiating a building manager agreement with the successful tenderer
  • Options for termination of building manager agreements when things go wrong: pros and cons of exercising contractual rights of termination versus applying to the NSW Civil and Administrative Tribunal for an order varying or terminating the agreement

Presented by Richard Gration, Barrister, Ninth Floor Selborne Chambers

Presenters

David Baker
David brings a wealth of experience gained over 30 years of legal work focused on the construction & building sector and commercial litigation. Since 2002, David has been an Accredited Specialist in Commercial Litigation – Building and Construction; one of only 10 Accredited Specialists in Building and Construction in NSW.  He is a former partner of Makinson & d’Apice and, prior to that, practised as a barrister. David advises in relation to all forms of building and construction contracts.  In addition, he advises on, and represents clients in litigation of, building defect claims, home warranty insurance claims and security of payment claims. David also has wide ranging experience in the law of torts, personal injury, workers compensation, consumer law, industrial law and contracts. His depth of experience and valuable industry insight enables him to deliver commercially relevant and effective legal advice.  From 1995 to 2002, David was a Member of the Fair-Trading Tribunal (now NCAT) adjudicating in major building cases.  In 1993, and again in 1995, he was respectively Corporation Solicitor and Legal Manager of the NSW Government’s Building Services Corporation. David has also established a strong record in alternative dispute resolution, having successfully resolved hundreds of building disputes.

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.

Matthew McGirr
Matthew is a highly regarded junior counsel, with a wide-ranging practice primarily focussed on commercial law, common law (including intentional torts), superannuation, property law, construction, strata, and general equity. Matthew regularly appears in all Federal and State courts and tribunals. Matthew will accept briefs in all areas of law. Prior to being called to the bar, Matthew was a solicitor for over 7 years. Immediately prior to the bar, Matthew was a Senior Solicitor at the Australian Prudential Regulation Authority (APRA), where he advised APRA in relation to several high profile contentious and non-contentious matters. Prior to APRA, Matthew practised at law firms Herbert Smith Freehills and Gilbert + Tobin. During this period, Matthew acted for some of Australia’s leading companies, including Westpac, CBA, Bupa, Telstra, JP Morgan Australia. Matthew also worked on a number of class actions and commissions of inquiry. Matthew has also worked as a policy adviser and lawyer at the Australian Institute of Company Directors, where he worked closely with governments, directors, and stakeholders important legal policy issues, including the insolvency safe harbour reforms. Matthew graduated from the University of Sydney with a Bachelor of Arts with Honours in history. Matthew then graduated from the University of NSW with a Juris Doctor with Honours.

Richard Gration
Richard Gration is an experienced junior counsel who also has considerable previous experience and expertise outside the law.  He is a former RAAF pilot and continues to serve in the RAAF as a senior Specialist Reserve Legal Officer.  Richard also has significant information technology technical expertise as a former head of IT services in a Commonwealth Department.  He appears regularly in the NSW Court of Appeal, Supreme Court of NSW, NSW Civil and Administrative Tribunal, Federal Court and Federal Circuit and Family Court of Australia in a range of commercial and property matters.

Venue

Legalwise Seminars - Pitt Street

Level 11  70 Pitt Street
Sydney 2000 NSW
Australia

 Legalwise Seminars - Pitt Street

Parking information:

Parking not included in your registration. Here are some options below.

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Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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