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.

Friday, 25 October 2024
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

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

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; ACSL Fellow

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 

Presenters


Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
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, Barrister, University Chambers
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, Principal, Kerin Benson Lawyers
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, Principal, Sachs Gerace Lawyers
David Sachs has been a litigation solicitor for 35 years. David co-founded Sachs Gerace Lawyers in 2000 and has been its sole principal since 2005. The firm specialises in strata law, construction law, and complex property matters. Prior to starting Sachs Gerace Lawyers, 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.

2410N14

Strata: Drafting By-Laws Intensive

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Single Session
Friday, 25 October 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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Venue
Cliftons - Margaret Street

Level 13, 60 Margaret Street, Sydney 2000

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates