With sweeping changes to the Strata Schemes Management Act and the recent case of SafeWork NSW v Maluko Pty Ltd, where an owner’s corporation was held criminally liable under WHS duties, take this opportunity to catch up on the latest legislative and case law updates. Consider the issues of managing EV chargers, WHS concerns and strata renewal plus much more, and leave feeling assured in your ability to advise regarding strata law.
10.40am to 10.55am Morning Tea
10.55am to 11.45am WHS Issues for Owners Corporations and Strata Managers
- WHS obligations of owner’s corporations, strata managers and officeholders
- Contractor management
- Incident management
- Psychosocial risks and Respect@Work
- Recent developments and recent cases including SafeWork NSW v Maluko Pty Ltd [2023] NSWDC 274
- Consequences for non-compliance and penalties
Presented by Bill Kritharas, Partner, Sparke Helmore Lawyers; Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2024
11.45am to 12.30pm Sustainability Issues in Strata: EV Chargers, Solar Panels and Embedded Networks and the Legal Issues to be Overcome
- The current legislative framework for retrofits of the common property, and how to navigate the approvals process in existing strata buildings
- The fire risks to apartment buildings, and the new State Government Regulations to apply to lithium-ion battery charging of E-bikes and E-scooters
- Embedded Networks in apartment buildings: a good and noble idea in theory, but an expensive burden to bear in practice
Presented by Tom Bacon, CEO & Principal Lawyer, Strata Title Lawyers
12.30pm to 1.15pm Strata Renewal Issues
As a strata buildings gets older, major structural components begin to fail and maintenance becomes more expensive. At some point, further maintenance may become unviable and “strata renewal” options need to be explored. From a legal perspective, strata renewal can be undertaken under Part 10 Strata Scheme Development Act (“New Strata Renewal”) or through more traditional avenues that have been available under the Strata Scheme Development Act since its inception (“Traditional Strata Renewal”)
- Examine the methods under both New Strata Renewal and Traditional Strata Renewal
- Provide a comparison between the two including a review of case studies, including the controversial Mascot Towers decision and consideration of areas for reform to allow better access to New Strata Renewal
Presented by Elly Ashley, Partner, Holding Redlich; Accredited Specialist in Property Law; Deputy Chair of the UDIA NSW Strata and Building Regulations Committee
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair:
Derek Hand, Barrister, Greenway Chambers; Leading Construction & Infrastructure Junior Counsel, Doyle’s Guide 2024, Best Lawyers 2024, Construction & Infrastructure
9.00am to 9.50am Design and Building Practitioners Act Update
- The scheme of the Act
- The practical application and implications of the Act
- Recent authorities that have considered the Act
- Arguments advanced before the High Court in Pafburn Pty Ltd v The Owners - Strata Plan No 84674
Presented by Richard Cheney SC, Greenway Chambers; Leading Construction & Infrastructure Senior Counsel, Doyle’s Guide 2024
9.50am to 10.40am Strata Update: Legislation and Case Law
- Checking in on potential Stata title amendments in response to the NetStrata investigation and/or amendments relating to strata managers disclosures and commissions Community Title amendments relating to keeping animals
- An update on cases relating to the Owners Corporation’s obligation to maintain and repair under s106, what is and is not common property and what constitutes harsh, unconscionable and oppressive under s139(1)
Presented by Allison Benson, Principal, Kerin Benson Lawyers; Member, ACSL Committee
Presenters
Richard Cheney SC, Greenway Chambers
Richard Cheney SC is a Senior Counsel specialising in construction and infrastructure law and professional negligence. He regularly represents clients in appellate work, medical negligence and common law matters. Richard also regularly acts as mediator. Richard brings a depth of practical knowledge to construction litigation, having previously practised as a site engineer on Sydney high rise projects. Richard was appointed Senior Counsel in 2011 and is a NSW Bar Association BarADR® approved arbitrator.
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.
Tom Bacon, CEO & Principal Lawyer, Strata Title Lawyers
Tom holds a Bachelor of Laws and a Bachelor of Arts (Political Science) from the University of Auckland and practices exclusively in strata and community title law. He is an accredited mediator and a leader in the field of resolution of strata and community disputes and has acted for owners corporations and unit owners in some of the most significant strata law cases in Australia in recent times. Tom has also practiced as a Barrister and Solicitor in environment law, building law and insurance law, acting for government clients in a range of appeals, prosecutions, administrative law reviews and declarations in New Zealand’s superior courts.
Derek Hand, Barrister, Greenway Chambers
Derek Hand is a specialist commercial barrister with particular expertise in construction & infrastructure law and land law. Derek advises on and appears in disputes concerning infrastructure projects, commercial projects and residential developments, at both first instance and on appeal, in NSW, Queensland, the ACT and Victoria. He also regularly appears in private arbitrations and mediations. His interest and expertise in property law incorporates all aspects of modern land law, from commercial leases to strata title, and he has appeared in several leading cases in the area.
Bill Kritharas, Partner, Sparke Helmore Lawyers
Bill is an experienced work health and safety (WHS) lawyer. He advises clients in the construction, agribusiness, energy and transport industries and commonwealth, state and local government sectors on WHS compliance, incident investigations, prosecutions and coronial inquests. Bill also advises builders and Owners Corporations in relation to fire safety and building defect claims. Bill assists Boards, legal counsel and WHS executives in the private and public sectors. Bill also assists Owners Corporations, engineers and Strata Managers.
Elly Ashley, Partner, Holding Redlich
Elly specialises in property development including advising in relation to strata and community schemes, preparing and developing appropriate governance title and subdivision structures and drafting master off-the-plan sales contracts and coordinating the sales process. Elly’s expertise includes acting for a number of major property developers to assist with residential and mixed-use development projects by advising in relation to the establishment of a strata scheme or community scheme, conversion and termination of strata schemes, compliance with the strata scheme and community scheme laws, drafting and negotiating section 88B instruments, by-laws and management statements for both strata and community schemes, site due diligence and acquisitions including acquisitions of crown land and rural land.
