Read below to find out more about our knowledgeable presenters.

Transcription

1 Education Seminar: Lease, Licences & Agreements Date: Friday 17 th April 2015 Time: Venue: 9:00am to 1:00pm (including morning tea) The Manningham Convention Centre 1 Thompsons Road, Bulleen Sponsored by: Waste Wise Environmental To be presented by: Jenny Wang, Berrigan Doube Lawyers Jenny heads up the Property and Development Practice Group at Berrigan Doube Lawyers where she specialises in strata law and residential development helping clients ranging from owners corporations and their members to OC managers and developers. Jenny s expertise is widely recognised and she s been a guest lecturer at Melbourne University on residential construction law and she regularly conducts seminars in strata law for OC managers. She s also been called upon to address wider audiences like the National Conference on Urban Water Management. Jenny s been a regular contributor to both our newsletter and to Strata Life and we can thank her for our practice guideline on debt recovery. Today she s starting off our seminar and giving us a broad perspective on leases, licences and agreements. Sangeeta Thaker, Madgwicks Lawyers Read below to find out more about our knowledgeable presenters.

2 Anton Block & Rochelle Castro, Kliger Partners Anton Block, Principal Lawyer, Accredited Mediator Anton, an accredited mediator with LEADR (Lawyers Engaged in Alternate Dispute Resolution), practices in a wide range of commercial litigation matters including contractual claims, property and real estate matters, insolvency issues, leases and trade practices disputes. He regularly advises Owners Corporations and their committees about the Owners Corporations Act and often attends committee meetings of Owners Corporations to provide first-hand advice in real time. Anton also appears at VCAT (and other Courts) in Owners Corporation disputes and works with Owners Corporations to find solutions to their problems. Rochelle Castro, Lawyer Rochelle is an experienced owners corporation lawyer specialising in debt recovery, general disputes and compliance advice. She regularly appears in VCAT at hearings, mediations and compulsory conferences. Rochelle also regularly provides advice to owners corporations on all issues concerning the operation of an owners corporation to help owners corporations function in accordance with their legal obligations in the most effective way. Jonathan Cohen, LMS Lawyers Read below to find out more about our knowledgeable presenters. Agenda: 8:45am 9:00am 9:05am 9:15am Registration Welcome Rob Beck, GM, SCA (Vic) Introduction/Overview Jenny Wang, Berrigan Doube Lawyers Part 1 - Jenny Wang, Berrigan Doube Lawyers Do we need leases and licences? Other options. 9:45am Part 2 - Sangeeta Thaker, Madgwicks Lawyers Leases & Licenses the nuts and bolts 2 P a g e

3 10:15am Part 3 - Anton Block & Rochelle Castro, Kliger Partners Transfer & termination of leases & licences 10:45am 11:15am Morning Tea & Networking Opportunity Part 4 - Jonathan Cohen, LMS Lawyers Disputes and avenues to resolutions 11:45am Part 5 Panel with all guest speakers Case Studies / Workshop / Questions Practical application 1:00pm Close Presentation: This seminar has been designed to offer you the opportunity to grasp a fuller understanding of Lease, Licenses and Agreements. Understand just who, when and why an OC should enter into any of these, and just what the impending and ongoing needs of the OC are, that an OCM needs to manage in the process. The session recognises that whilst as an OCM you aren t expected to have the expertise of a lawyer (as expected as it may sometimes be) you should know when problems may arise and legal advice is needed. This session will therefore arm you with knowledge shared by experienced strata lawyers, so that you can offer professional guidance to your OCs to achieve the best outcomes; protect their investment and their interests. Learn by sharing advice and by participating in case studies and workshops. Walk away with a greater understanding of the key principles of these types of contracts, handouts, and your own notes that will assist you understand the operative provisions and enable you to apply considerations learnt to your individual OCs circumstances. Then manage the process of your OCs entering into and maintaining binding contractual terms with confidence. SCA (Vic) thank Gold Sponsor Waste Wise Environmental for hosting this valuable and informative session. 3 P a g e

4 JONATHAN COHEN PERSONAL PROFILE Consultant LMS Lawyers (03) Professional Biography Consultant, Jonathan Cohen has practised extensively in property law and commercial litigation since He was a partner with Jerrard & Stuk from 1995 where he led the construction, body corporate and commercial litigation team and joined LMS Lawyers as consultant in April Jonathan receives referrals of work from leading Owners Corporations Managers and developers. The Master Builders Association Victoria refers building work involving domestic building disputes in small and large scale projects. Owners Corporations represented include:- Eureka Tower The Melburnian Springthorpe Aurora Martha Cove Bayview Apartments Verve501/Milano HM@S Liberty Tower Sanctuary Lakes Areas of Practice Owners Corporation Law Building & Construction Property Law Commercial Litigation Mediation & Arbitration Mortgage & Securities enforcement Planning Bankruptcy & Insolvency Wills and Estates Debt Recovery

5 Examples of Matters Acted on behalf of owners corporations with respect to major suburban developments in the recovery of significant loss and damage from builders in consequence of defective workmanship to both common and private property Acted for the successful Plaintiff, Philp against Mirvac in off the plan contracts of sale for breaches of the Domestic Building Contracts Act and the Supreme Court judgment against Mirvac moved the Victorian Government to pass an amendment to that Act Acted on behalf of the body corporate in connection with defective balustrading in relation to the Supreme Court claim made by Toomey who fell and became a paraplegic. Jonathan was consulted in relation to the low balustrade issue, joining architects and engineers and insurers to the proceeding and also issued proceedings claiming damages arising out of water ingress problems into the basement of the same building Represented the Owners Corporations Victoria (formerly Institute of Body Corporate Managers Victoria) and was given responsibility for drafting the OCV Copyright Contract of Appointment Owners Corporation document and advising upon the impact of the Owners Corporations Act 2006 on managers Acted in professional negligence claims against architects and their service companies claiming breaches of professional duties and relief under the Fair Trading Act arising out of their failure to prepare building plans with proper care and skill in compliance with the relevant standards Developed particular expertise in dealing with the complexities of large multi-party litigation arising in an owners corporation context. He has given advice in regard to litigation against developers arising out of unfair contracts of sale affecting common property and inequitable plans of subdivision Acted on behalf of landlords in relation to both commercial and retail leasing matters Publications Jonathan has presented papers on Owners Corporations law for OCV, LAAMS and to Legal Wise. He has co-authored the Body Corporate Book (1999) with Simon Libbis. Examples of cases Jonathan has appeared in at VCAT which are reported Decisions:- Shahzad v Watpac Construction (Vic) Pty Ltd (Domestic Building) [2013] VCAT 1734 (7 October 2013) Anderson v Owners Corporation PS F & Ors (Owners Corporation) [2012] VCAT 1388 (11 September 2012) Owners Corporation 1 Plan No. PS440878V & Ors v Dual Homes Victoria Pty Ltd (Owners Corporation) [2011] VCAT 211 (18 February 2011) Ryan & Ors v Bar Um Storage Pty Ltd & Ors (Civil Claims) [2009] VCAT 610 (6 April 2009) Network Pacific Real Estate Pty Ltd v O'Rourke & Ors (Civil Claims) [2009] VCAT 1194 (7 July 2009)

6