[HS] Strata: Drafting By-Laws Intensive
Even a seemingly minor change such as adding or deleting a word can jeopardise the validity and enforceability of your by-law! Don’t risk it! Benefit from this step-by-step guide and ensure your bylaws are drafted with clarity, accuracy and compliance in mind. From legal principles and enforcement strategies to practical tips for drafting clear and enforceable regulations, gain insights into crucial aspects of governance that shape harmonious strata communities. 2410N14
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
2.00pm to 3.00pm By Laws: Breaking Down the Legal Principles and Requirements
- Essential elements of valid by-laws
- Restrictions and limitations: fraud on a power
- Procedures for making and amending by-laws
- Enforcement mechanisms and penalties for breaches
Presented by Bede Haines, Barrister, University Chambers
Professional Skills
3.00pm to 4.00pm Your Guide to Drafting Clear and Enforceable By-Laws
- Principles of clear legal writing
- Common pitfalls in drafting by-laws and how to avoid them
- Practical tips for drafting enforceable by-laws
Presented by Allison Benson, Principal, Kerin Benson Lawyers; Member, ACSL Committee
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm A Deep Dive into Essential By-Laws for Strata Living
Explore crucial by-laws that shape community living within strata properties and considerations for emerging technologies. Breakdown essential guidelines that contribute to harmonious and well-managed strata communities as you examine:
- By-laws related to common property usage
- By-laws governing pets
- Noise control and nuisance management
- By-laws related to short-term rentals
- Technological considerations (e.g., security cameras, internet usage)
Presented by David Sachs, Principal, Sachs Gerace Lawyers
Presenters
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, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. 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.
Bede Haines
Bede Haines undertakes a diverse range of work including litigating and advising on property disputes, contractual disputes, trade practices and insolvency matters. His experience includes: representing and advising in respect of property disputes including over sale of land contracts, leases, easements, options, service of notices, contracts and property rights; advising property developers, superannuation funds, corporate trustees, large landholders and significant investors in respect of property rights and property disputes; developing strategy in respect of termination of contracts and bespoke contractual clauses to deal with matters which otherwise may often give rise to litigation; conducting a litigation in the Supreme Court, Federal Court, High Court and other courts and tribunals; providing advice in respect of trade practices issues, insolvency issues and debt issues including debt recovery.
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.
David Sachs
David Sachs is a highly experienced litigation solicitor who works closely with clients to understand the real issues in dispute. He has worked as a litigation solicitor for more than 25 years. David’s focus is on successfully resolving matters in a timely, cost-efficient and effective manner. David co-founded Sachs Gerace Lawyers 15 years ago with his wife, Maria Gerace, and has since built a strong litigation practice. Prior to starting his own firm, David held senior positions at the Australian Government Solicitor and Tress Cocks & Maddox. David has a Bachelor of Arts, Bachelor of Laws and a Master of Laws from the University of New South Wales.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here