Developing, selling & re-developing strata properties
2 Formal CPD Points
Close to 5 million Australians either live in or own a strata property. In capital cities like Brisbane, Melbourne and Sydney, the percentage of city dwellers living in strata properties is expected to exceed 50% within the next 10 to 15 years. Despite this, little is known about this form of land ownership and the myriad of planning, design and development legislation that applies, including how these vertical communities are operated.
In this “master-class” event on 22 September, we will hear from Australia's three pre-eminent strata law experts, Gary Bugden OAM, Michael Allen, and Tim Graham. Across three insightful presentations these leading strata lawyers will explain the legal frameworks needed to create a successful strata community long-term; the pros and cons of buying and selling off-the-plan; the importance of contract disclosure by developers; and what you can do if your strata community is ageing, such as re-developing it.
The session will equip lawyers, architects, developers and strata and property professionals with invaluable information from legal experts that have collectively worked on some of the most iconic strata projects here in Australia and overseas.
Gary will start the session by looking at off-the-plan contracts in Queensland. Delegates will benefit from knowing about the importance of titling, subdivision and management structuring confronting developers and off-the-plan buyers.
Tim will then consider the pros and cons of off-the-plan purchases in Victoria, with reference to sunset dates, property descriptions, amending plans of subdivision, implied easements, and rules & restrictions.
Completing the evolution of the development cycle, Michael will look at strata developments in New South Wales with an analysis of the recent termination and renewal provisions, and the Land and Environment Court’s decision in Application by the Owners – Strata Plan No. 61299 [2019] NSWLEC 111.
While the presentations will be focused on the legislation in New South Wales, Queensland and Victoria, most of the concepts and similar legal structures exist in all Australian jurisdictions.
Cost to attend is $90 per person plus GST. Save 10% when you buy 2 or more tickets. Purchase includes access to live studio recorded webinar, course notes, MP4 recording of the session and CPD certificate
Tim Graham
Senior Partner, Bugden Allen Graham Lawyers
Tim joined the partnership of Bugden Allen Graham Lawyers in June 2021, his name being added to the firm’s brand. Tim is one of Australia’s pre-eminent strata lawyers and is internationally renowned. He is President of the Australian College of Strata Lawyers (ACSL) and a Fellow of the College. Tim is also a Council Member of Strata Community Australia (National) and Strata Community Australia (Victoria). He sits on the Property Law Committee of the Law Institute of Victoria. Tim has been recognised by his peers and numerous local and international awards including Best Lawyers® in Australia six (6) times, and in the Doyle’s Guide as a Leading Property and Real Estate Lawyer and Leading Litigation & Dispute Resolution Lawyer. Tim is a keen educator and presenter, having conducted more than 300 seminars. He has guest lectured at RMIT, Deakin University and the University of New South Wales. Tim is published regularly in the Australian Property Law Bulletin and is a member of the bulletin’s Editorial Panel. He authors the Owners Corporations chapter of the Lawyers’ Practice Manual and wrote the case study update for Subdivisions with the Lot.
Michael Allen
Senior Partner, Bugden Allen Graham Lawyers
Michael Allen specialises in major property projects and developments with an emphasis on mixed use, commercial, infrastructure, tourism, industrial and urban development projects. He is a leading authority on airspace (stratum title) projects, planned communities, strata and cluster titles, community titles and strata leasehold titles. For over 35 years, Michael has acted for major developers, institutional, finance and government clients on the formation of land laws and the title, subdivision, and management structuring of major real estate projects. He has helped develop innovative legal and management solutions for many of Australia’s iconic developments. Michael has been nominated numerous times as a leading real estate lawyer in Chambers Global Guides and is recommended in The Legal 500 Asia Pacific. In 2009, the Chambers Global Guide described him as “one of the best titling experts in the country”. For 20 years Michael was a partner in the Sydney real estate team of Mallesons Stephen Jaques’ (now King & Wood Mallesons) which was described in The Legal 500 Asia Pacific as “quite simply the best”. In 2014, Fife Capital appointed Michael as a non-executive director of the Australian Industrial Real Estate Investment Trust. He is Chairman of the Fife Capital Compliance Committee. For 14 years Michael was the author of the loose-leaf report “NSW Strata and Community Titles Law”. He is a former associate lecturer in law at the University of Technology, Sydney and currently an occasional lecturer in law, University of NSW, Sydney. He publishes papers regularly (both in Australia and overseas) and addresses many industry-based seminars each year in Australia and overseas.
Gary Bugden
Senior Partner, Bugden Allen Graham Lawyers
Gary Bugden has specialised in strata and community titles for over 40 years and during that time he has practiced in all aspects of strata and community titles law. This has ranged from the title, subdivision, and management structuring of some of the largest and most complex developments, both in Australia and overseas, to appearances before Courts and Tribunals on minor disputes. Gary is a former partner of Mallesons Stephen Jaques (now King & Wood Mallesons) and has a wealth of relevant commercial experience. He was a director of numerous companies involved in development, management, technology, and long-term property investment in the strata sector. He has consulted for Governments in Australia and overseas on the establishment and reform of strata laws. Some of his more significant work involved the design and development of the current Queensland modular community title laws in 1997, the jointly owned property (strata) laws for Dubai and the development of a comprehensive real estate regulatory system for Abu Dhabi in the United Arab Emirates in 2007-2010. He was the Founding President of the Australian College of Strata Lawyers; is a long-time strata author for CCH/Wolters Kluwer, who published 3 loose-leaf services and 5 books that he wrote, and he is currently Professor of Strata and Community Titles at Bond University. Gary is one of the few Australian property lawyers listed in the World’s Who’s Who Legal.
CPD Learning Outcomes - at the conclusion of this webinar attendees will be able to:
Explain the importance of proper titling and management structures and how these impact on the marketability and liveability of strata communities long into the future (1.4 Design: Project Briefing)
List key considerations when undertaking due diligence for off-the-plan apartments (2.1/2.2 Design: Pre-Design)
List some of the key differences between the different strata jurisdictions in terms of their planning, design, and development legislation (2.2 Design: Pre-Design)
Describe the process of terminating a strata scheme, for the purposes of re-development (4.4 Design: Schematic Design)