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.
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
Patricia Monemvasitis, Partner, Carroll & O’Dea Lawyers
- 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
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
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 is a partner at Dentons Australia, where he leads the taxation group in Sydney. He has over 25 years’ experience as a tax law specialist. Cameron has a particular focus on the taxation of property-related transactions, including GST, capital gains tax and on the stamp duty across all Australian jurisdictions. His experience includes investment structures for major commercial and residential property developments.
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.