Ensure your client's joint venture development agreement in Real Estate thrives! Elevate your negotiation prowess in drafting effective agreements and create impactful contracts that safeguard your clients’ interests. Discover indispensable strategies for resolving conflicts and learn effective methods to break deadlocks when they appear. Equip yourself to tackle any challenge you might face in your JV property development undertakings and pave the way for seamless partnerships in your client's future ventures.
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:
Patricia Monemvasitis, Partner, Carroll & O’Dea Lawyers
Professional Skills
2.00pm to 3.00pm Negotiating Effective Agreements: Tips, Tricks and Common Traps When Dealing with Joint Venture Agreements and Development Management Agreements
- Negotiation process, and site-specific matters
- Distinctions between joint venture agreement and development management agreement: determining which is best
- Common structuring issues: security, control, transfer duty, tax considerations
- Exit provisions and pre-emptive rights
- Negotiating other key clauses
Presented by Bronwyn Clarkson, Partner, Carter Newell; Best Lawyers 2022, Natural Resources Law and Oil and Gas Law
3.00pm to 4.00pm Tax Considerations in Property Joint Venture Agreements
Tax is a key component in determining the ultimate structure and operation of a joint venture in real estate. Benefit from an examination of some of the key tax considerations including Income Tax and GST, when structuring a joint venture and then managing the joint venture on an ongoing basis.
Presented by Cameron Steele, Partner, Dentons
4.00pm to 4.15pm Break
4.15pm to 5.15pm Managing Property Joint Venture Development Disputes
Joint venture disputes raise a range of complex legal and relationship issues – often extending beyond the terms of the written JV agreement. Dive into the complexities of managing and resolving disputes in joint venture projects, including minimising conflicts, mitigating risks and seeking favourable outcomes as you:
- Understand frameworks for dispute resolution, strategic negotiation opportunities, and common resolution options
- Identify key legal issues that frequently arise in joint venture disputes, including the possibility of fiduciary duties, obligations to act reasonably and in good faith, and the role of statutory unconscionable conduct
- Identify proactive steps that can be taken to anticipate and navigate legal challenges, to protecting your client’s interests, and fostering productive joint venture relationships amidst disputes
Presented by Tim Castle SC, Six St James Hall Chambers
Presenters
Bronwyn Clarkson, Partner, Carter Newell
Bronwyn Clarkson is a Partner at Carter Newell and leads the Commercial Property team. With over 25 years post-admission experience, Bronwyn acts for a wide variety of participants in the property and development industry, including both public sector and private sector clients. Bronwyn regularly advises clients on a range of property transactions, including property joint ventures, commercial and residential developments, commercial and rental leases and pastoral and crown leases, as well as town planning and environmental matters. Her experience also includes advising on all aspects of property sales, acquisitions, title schemes, easements and compulsory acquisitions/resumptions of land, including preparing associated documents such as option agreements, construction and civil works contracts, and preparing and reviewing high-value leases of commercial, retail, industrial and rural property.
Cameron Steele, Partner, Dentons
Cameron leads the Tax team at Dentons Australia. He supports his clients with thorough and clear advice and guidance on taxation strategies. With immense experience in taxation law, Cameron's diligent approach helps his clients through complex and ever-changing issues in goods and services tax (GST), stamp duty, land tax, payroll tax, the taxation of property-related transactions and the tax implications of cross-border transactions. Cameron has a particular focus on GST and on the stamp duty implications of business and property transactions across all Australian jurisdictions. His experience includes investment structures for major commercial and residential property developments; domestic and global merger and acquisition transactions, and GST and other taxation issues for financial institutions. He also advises clients with respect to tax audits and controversy.
Tim Castle SC, Six St James Hall Chambers
Tim Castle is an experienced senior counsel at the NSW Bar, with a broad commercial practice as a trial and appeal advocate. He is also admitted to the New York State Bar, is a Fellow of INSOL, a member of ARITA, a Fellow of the Chartered Institute of Arbitrators and a former Chair of the Australian Bar Association’s International Committee. Tim has also worked as one of the Senior Executives at ASIC leading Financial Services Deterrence teams. With an Economics degree majoring in Accounting, and a MBA (Exec) from AGSM, Tim’s experience spans a wide range of large and complex commercial cases, specifically in financial services, corporations, insolvency, competition law, franchising, and insurance disputes. Major cases include appearing as senior counsel for the Mercedes-Benz dealers in the Federal Court, and as junior counsel for Telstra in the C7 litigation, for Hungry Jack’s in the Burger King dispute and for News Limited in the Superleague litigation.
Patricia Monemvasitis, Partner, Carroll & O’Dea Lawyers
Over 30 years, Patricia Monemvasitis has practised as a commercial and property lawyer. With combined degrees in accounting, finance and law, she has helped build Carroll & O'Dea Lawyers' property, business and not-for-profit law practice since she joined the firm in 2004. Patricia advises a diverse range of clients, including not-for-profit organisations (including schools), small to medium sized entities, property developers, landlords Patricia helps her clients with their overall governance advice and restructuring, and business asset restructures, as well as business asset acquisitions and sales. She has been involved in all stages of transactions, including contract drafting and negotiation and due diligence reporting. She has extensive experience in managing intellectual property issues arising during acquisitions and sales of businesses, amalgamations, restructures, collaborations and joint ventures.
