Strata Law Intensive: Developments, Best Practice & Strategies

Wondering about the changes to strata schemes legislation following the 5-Year Review? The consequences of updates to the Design and Building Practitioners Act on the strata industry? How to formulate the best strategy when faced with building defect matters? Get the answers you need to these crucial issues and beyond at the upcoming Strata Law Intensive. Plus, elevate your skills in negotiation and termination of building management contracts and give your practice the upper hand. 

Thursday, 22 February 2024
10.00am to 11.00am Design and Building Practitioners Act 2020 Update
  • What impact has the reform had on the construction industry generally?
  • What are we seeing 3 years on?
  • How have the unintended consequences of the reform on the remedial/strata industry been addressed?
  • Future reform: Can we expect more?
  • Case summaries

Presented by Helen Kowal, Partner, Swaab

Chair:

David Baker, Consulting Principal; Keypoint Law; Accredited Specialist in Commercial Litigation

9.00am to 10.00am Changes to Strata Schemes Legislation Following the 5-Year Review

The strata and community title legislation has now been reviewed. The Strata Legislation Amendment Bill 2023 was introduced to Parliament on 10 October 2023 introducing much needed changes and tightening up some key areas.

  • Receive a breakdown of the key changes to the legislation and what this means for your strata law practice

Presented by Allison Benson, Principal, Kerin Benson Lawyers; Member, ACSL Committee

Professional Skills
11.15am to 12.15pm The Practicalities of Buildings Defect Matters: When to Run, What Jurisdiction to Choose & When to Make a Claim
  • Dispute resolution pathways
  • Steps to take prior to commencement of any proceedings
  • Formulation of appropriate litigation strategy
  • Identifying the right expert, and briefing the expert appropriately to avoid unnecessary costs
  • Effective written and oral advocacy before NCAT (where applicable)

Presented by Matthew McGirr, Barrister, 8 Wentworth Chambers

12.15pm to 1.15pm Building Management Contracts, Negotiation and Termination
  • Brief history of legislative regulation of building management contracts in NSW since 2002
  • How is a ‘building manager agreement’ currently defined under NSW strata legislation?
  • What special legislative requirements make ‘building manager agreements’ different to other contracts entered into by owners corporations?
  • Drafting requests for tender, evaluating proposals and negotiating a building manager agreement with the successful tenderer
  • Options for termination of building manager agreements when things go wrong: pros and cons of exercising contractual rights of termination versus applying to the NSW Civil and Administrative Tribunal for an order varying or terminating the agreement

Presented by Richard Gration, Barrister, Ninth Floor Selborne Chambers

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is based on NSW legislation

11.00am to 11.15am Morning Tea

Presenters


Ms. Helen Kowal, Partner, Swaab
With a legal career spanning over 25 years in general practice, for the past 12 years Helen Kowal has specialised in building, construction, strata and property. She has worked for many owners corporations, developers and builders in all facets of building and construction law in all jurisdictions. Negotiation and drafting of building contracts, project management and superintendent agreements. Acting in building defect claims under the Home Building Act 1989 in NCAT and Supreme Court of NSW. Acting for developers, owners corporations and lot owners at the forefront of strata renewal legislation introduced in November 2016 including all steps required under Part 10 of the Strata Schemes Development Act 2015. Acting for owners corporations and owners in all aspects of strata law and strata disputes arising under the Strata Schemes Management Act 2015 including s237 applications and s106 claims. Preparation of call option deeds. Acting in boundary and development matters including easements, crane and ground anchor licence deeds and boundary disputes.


Mr. David Baker, Consulting Principal, Keypoint Law
David brings a wealth of experience gained over 30 years of legal work focused on the construction & building sector and commercial litigation. Since 2002, David has been an Accredited Specialist in Commercial Litigation – Building and Construction; one of only 10 Accredited Specialists in Building and Construction in NSW. He is a former partner of Makinson & d’Apice and, prior to that, practised as a barrister. David advises in relation to all forms of building and construction contracts. In addition, he advises on, and represents clients in litigation of, building defect claims, home warranty insurance claims and security of payment claims. David also has wide ranging experience in the law of torts, personal injury, workers compensation, consumer law, industrial law and contracts. His depth of experience and valuable industry insight enables him to deliver commercially relevant and effective legal advice. From 1995 to 2002, David was a Member of the Fair-Trading Tribunal (now NCAT) adjudicating in major building cases. In 1993, and again in 1995, he was respectively Corporation Solicitor and Legal Manager of the NSW Government’s Building Services Corporation. David has also established a strong record in alternative dispute resolution, having successfully resolved hundreds of building disputes.


Ms. 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.


Mr. Richard Gration, Barrister, Ninth Floor Selborne Chambers
Richard Gration is an experienced junior counsel who also has considerable previous experience and expertise outside the law. He is a former RAAF pilot and continues to serve in the RAAF as a senior Specialist Reserve Legal Officer. Richard also has significant information technology technical expertise as a former head of IT services in a Commonwealth Department. He appears regularly in the NSW Court of Appeal, Supreme Court of NSW, NSW Civil and Administrative Tribunal, Federal Court and Federal Circuit and Family Court of Australia in a range of commercial and property matters.


Mr. Matthew McGirr, Barrister, 8 Wentworth Chambers
Matthew is a highly regarded junior counsel, with a wide-ranging practice primarily focussed on commercial law, common law (including intentional torts), superannuation, property law, construction, strata, and general equity. Matthew regularly appears in all Federal and State courts and tribunals. Matthew will accept briefs in all areas of law. Prior to being called to the bar, Matthew was a solicitor for over 7 years. Immediately prior to the bar, Matthew was a Senior Solicitor at the Australian Prudential Regulation Authority (APRA), where he advised APRA in relation to several high profile contentious and non-contentious matters. Prior to APRA, Matthew practised at law firms Herbert Smith Freehills and Gilbert + Tobin. During this period, Matthew acted for some of Australia’s leading companies, including Westpac, CBA, Bupa, Telstra, JP Morgan Australia. Matthew also worked on a number of class actions and commissions of inquiry. Matthew has also worked as a policy adviser and lawyer at the Australian Institute of Company Directors, where he worked closely with governments, directors, and stakeholders important legal policy issues, including the insolvency safe harbour reforms. Matthew graduated from the University of Sydney with a Bachelor of Arts with Honours in history. Matthew then graduated from the University of NSW with a Juris Doctor with Honours.

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Strata Law Intensive: Developments, Best Practice & Strategies

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Single Session
Thursday, 22 February 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
Face to Face 20241123 20240222

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Venue
Legalwise Seminars

Level 11, 70 Pitt Street, Sydney 2000

Directions

These are nearby public transport options.

By Train: Wynyard Station and Martin Place Station are only a 5 minute walk away

By Light Rail: Wynyard Light Rail Station is only a 4 minute walk away

Bus: The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby

Ferry: Circular Quay is the closest Ferry

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