Rules and regulations surrounding the subdivision of land are becoming increasingly complex. Attend this practical intensive and receive your ultimate guide to the mechanics of a subdivision. You’ll conquer strata and community title issues, complex stratum subdivision and learn how to successfully navigate the CGT, GST and duty minefield. Take a deep dive into relevant case studies and walk away with practical tips and traps to avoid costly delays for you and your client.
Chair:
Jennifer Degotardi, Partner, Hall & Wilcox
10.00am to 11.00am Dealing with Strata and Community Title Issues in Subdivisions
- By-Laws: A Review of recent cases and issues
- Unit entitlements: Can they ever be wrong?
- Revitalising strata schemes: renewing strata schemes without using Strata Renewal
- Strata reform: the outcome of the 5 year statutory review, what’s changing and what changes are still to come
Presented by Elly Ashley, Partner, Holding Redlich; Accredited Specialist in Property Law
12.15pm to 1.15pm Subdivision of Land via Strata: The Intersection of By Laws and Easements, by Reference to Arrangements Regarding Pools, Pooches and Kayaks
Join an experienced barrister for a detailed session exploring cases dealing with complicated strata subdivisions including:
- The recent Trentelman litigation: Sub-division of a strata development; representations made to owners at general meeting re: access to a swimming pool; estoppel
- Can By-Laws in complex subdivisions make provision for what is, by any other name, an easement? e.g. that A can keep his canoe on the land of B and use B’s pontoon
- Or does one need to register an easement? Does the principle that joint or exclusive possession by the “dominant owner”, defeats an easement, be used as a collateral attack on a By Law providing for the same thing?
- What about a strata subdivision approval contemplating a dog walking area for residents? Was the arrangement that followed justifiable on the grounds it was valid as an easement?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
9.00am to 10.00am CGT and Duty: Implications on Subdivisions
Whilst the subdivision itself will not generally trigger a Capital Gains Tax event nor be subject to GST consequences, there are instances in which these activities will generate such. Gain tips and traps in this session as you:
- Explore circumstances where: profit from sale of subdivided land may give rise to a capital or ordinary income
- Understand NSW Duty implications attracted by the transfer of subdivided land including foreign surcharges
Presented by Chris Ardagna, Partner - Tax Consulting, Pitcher Partners
11.15am to 12.15pm Complex Stratum Subdivision
Stratum subdivisions by their nature combine different groups of titling structures and diverse uses under a single management statement, which governs the use of shared facilities and the liability for shared expenses between its members. A stratum subdivision can involve a combination of torrens, strata and leasehold property. The different uses within the one stratum subdivision can include residential, commercial, retail, hotel, marina, affordable accommodation and more. Members of a stratum subdivision can include the owners corporations of strata schemes, owners of torrens title lots, owners of leasehold interests and authorities including councils.
- Consider the balancing of the competing uses and different needs of each of its members, both at the time of drafting the management statement and at the time frames for review of management statements provided for under the Strata Schemes Development Act 2015.
Presented by Samantha Saw, Partner, Speirs Ryan
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
11.00am to 11.15am Morning Tea
Presenters
Mr. Chris Ardagna, Partner - Tax Consulting, Pitcher Partners
Chris Ardagna is a partner in the tax consulting group of Pitcher Partners Sydney and has been advising on tax issues affecting large privately-owned businesses and listed companies for over 15 years. Chris re-joined the firm in December 2018, having previously been a partner from 2007-2011. Prior to re-joining the firm, he was a tax partner at a boutique law firm for a number of years. Chris has experience in advising clients on a broad range of tax issues, including tax efficient structuring for investing in and out of Australia, corporate reorganisation strategies and cross-border employment issues. In addition, Chris has considerable experience dealing with disputes with the revenue authorities, including managing reviews and audits, seeking private rulings, objecting to assessments, appealing objection decisions and settling disputes with the revenue authorities. Recent examples of engagements include: Structuring of property development projects; Structuring of a proposed merger between Australian and US businesses in the IT industry; Capital gains tax and tax consolidations implications of corporate restructures; Structuring of property financing arrangements; Resolution of long-running dispute with the Commissioner of Taxation involving various international tax and administrative law issues. Chris has also been working with high wealth families and privately held groups in relation to business succession and estate planning matters for almost 10 years. His problem-solving skills and practical approach, together with his tax knowledge, enable him to quickly understand the needs of his clients and provide them with commercially focused and tax efficient solutions. Having been involved in a number of family disputes arising from both a lack of planning for generational change and poorly drafted estate plans, Chris draws from that experience to ensure the appropriate estate and succession plans are in place for clients. This experience extends to: Structuring and managing inter-generational wealth transfer during the principal's lifetime; Structuring new and updating existing estate plans including the use of testamentary trusts; Business succession planning including structuring buy-sell agreements, shareholder/unitholder agreements, and employee equity arrangements; General asset protection strategies; Resolving disputes involving trust and estate assets and entitlements both through negotiation and litigation.
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, Foreign Investment Review Board approval and regulations, finance due diligence and drafting off-the-plan contracts and co-ordinating the sales process.
Ms. Samantha Saw, Partner, Speirs Ryan
Samantha leads the firm’s strata law practice with particular experience and skills in collective strata sales, strata disputes, strata development including subdivisions and staged developments. Sam provides advice to both owners corporations and lot owners in residential and commercial strata and community title schemes. She has a diversified background in property with experience in development work and commercial property transactions under various titling structures. Sam’s practice includes advocacy in strata mediation and hearings in various courts and tribunals for strata and property disputes.
Ms. Jennifer Degotardi, Partner, Hall & Wilcox
Jennifer is a real estate partner with extensive experience in all aspects of commercial property law. In particular, she acts for clients in the government, financial services, transport and infrastructure sectors. Jennifer provides advice on a diverse range of issues including title and development issues relating to infrastructure projects and other government developments, rail corridor access, property management outsourcing, acquisitions and disposals (including in relation to compulsory acquisitions by agreement), leasing and other land access arrangements. Jennifer has a pragmatic and solutions focussed approach to her matters. Clients benefit from her efficient and effective management of their legal matters and her consistent drive to innovate to improve the delivery of legal services.
Mr. Sydney Jacobs, Barrister, Thirteen Wentworth
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration.
