Description
Attend and earn 0.5 CPD hour 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
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
Presenters
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. Derek also accepts briefs to advise and appear in property and financial disputes in the family law arena, where his clients benefit from his extensive experience in real property, equity and commercial law. He regularly appears for third-party intervenors whose property interests may be affected by family law proceedings. Before being called to the Bar, Derek worked as a solicitor with the law firm, Freehills, and spent several years as a legal policy adviser in Federal Parliament, Canberra, where he gained firsthand experience of the legislative process. He has lectured in real property on a part-time basis at Sydney University. Derek holds the degrees of Bachelor of Laws (UNSW) and Master of Policy Studies (UNSW), and a Diploma in Journalism (Dublin Institute of Technology). He is a member of the Society of Construction Law Australia and the Family Law Section of the Law Council of Australia.
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.
