Are you across the latest amendments to the Unit Title Bill and New disclosure regime? Consider what’s there, what’s missing and what happens next by attending this focused programme. Examine the main pitfalls that arise when transferring unit titles and how best to manage potential disputes. If you’re a property lawyer, body corporate officer or developer, don’t miss this annual conference at such a pivotal time for the industry.
10.00am to 11.00am Disclosure and Purchasers’ Due Diligence
Explore the new disclosure regime under the Unit Titles Amendment Act 2022 and consider matters that a purchaser should look out for when buying a unit: • Pre-contract disclosure requirements • Pre-settlement disclosure requirements • Delaying settlement and cancellation • Other matters for purchasers to consider when buying a unit
11.15am to 12.15pm Dealing with Unit Titles: Main Issues that May Arise when Transferring Unit Titles
Referring to relevant case law, look at some of the main issues that may arise when transferring unit titles and highlight the pitfalls that can commonly occur.
- Understand better the service, and content of disclosure statements as well as the unit title and other warranties as set out in the ADLS Agreement for the Sale and Purchase of Real Estate
- Explore how to manage the demands of title reports and due diligence with fixed conveyancing fees, and the boundaries that need to be drawn
- Gain insights into how to deal with apportionments, special levies, and contingency and other funds
Presented by Thomas Gibbons, Principal, Thomas Gibbons Law
12.15pm to 1.15pm Dispute Resolution Within Unit Title Matters
Join this practical session and gain insights into the way conflicts may be managed by understanding the underlying reasons and how to ensure the correct forum is used to defuse the issues.
Presented by Clinton Baker, Partner, Price Baker Berridge
9.00am to 10.00am Change is Afoot: The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2020 (Act)
The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2020 (Act) received royal assent on 9 May 2022, and comes into effect in three stages. It introduces a raft of changes that it is critical for Bodies Corporate, unit owners and body corporate managers to understand. Gain a practical overview of the new law, including changes to:
- The disclosure regime
- Committee governance
- Long-term maintenance planning
- Unit owner rights and responsibilities
Presented by Julia Batchelor-Smith, Managing Director, Batchelor*Smith
Chair
Jeanne Heatlie, Partner, Court One
Description
Attend and earn 4 CPD hours
Learning Objectives:
- Benefit from an update on important incoming legislation
- Understand the main issues that may arise when transferring unit titles and highlight the pitfalls that can commonly occur
- Gain insights into the way disputes can be resolved within Unit Title matters
11.00am to 11.15am Morning Tea
Presenters
Ms. Jeanne Heatlie, Partner, Court One
Jeanne is a skilled litigator with many years’ experience both in New Zealand and abroad. Jeanne has represented Body Corporates and homeowners in building defect and weathertightness cases. She was an integral part of the Plaintiff team on the Nautilus litigation resulting in the largest award made in a defective building case to date. Jeanne provides advice on construction related issues, including schemes of repair and escrow arrangements. She also extensive experience in insolvency law and has represented liquidators and creditors in a number of high profile cases. She has been involved in investigations of large scale corporate collapses and the prosecution of claims for the recovery of assets. Jeanne has acted on claims against former directors for reckless trading and against auditors for breaches of professional duties. She has experience in a number of foreign jurisdictions.
Ms. Julia Batchelor-Smith, Managing Director, Batchelor*Smith
Julia is a specialist Unit Titles Act lawyer with over 20 years of experience within the legal profession, both in New Zealand and internationally. In 2021, she left a leading New Zealand Law Firm to found Batchelor*Smith, a specialist practice offering Unit Titles advice to Bodies Corporate, developers, Body Corporate Managers, and property owners. Julia advises on the full spectrum of Unit Titles Act matters, including the changes under the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022. She deliver pragmatic outcomes required in the complex landscape of collective living, and has represented Bodies Corporate and owners, developers, builders and contractors in mediation, Tribunal, and the Courts.
Ms. Vicki Toan, Partner, Glaister Ennor
Vicki Toan is a partner at Glaister Ennor. She specialises in resource management and unit titles law. She offers pragmatic and practical advice to assist her clients to achieve their goals. She works closely with the firm's property teams on pre-purchase due diligence and Overseas Investment Act matters. She has presented on resource management, local government, and unit titles topics at webinars, seminars, and conferences held by Legalwise, Auckland District Law Society, and the Australian College of Strata Lawyers.
Thomas Gibbons, Principal, Thomas Gibbons Law
Thomas is a property law specialist. He began his career with a national law firm, and was Partner/Director of a regional firm before setting up his own practice in 2020. He is the author of Unit Titles Law and Practice (1st ed, 2011, 2nd ed, 2015), and A Practical Guide to the Land Transfer Act (2017), as well as co-author of the Laws of New Zealand titles on Land Law and Easements, Covenants, and Profits. He has lectured in property law at various universities, and in securities law for LLB and MBA programmes. His articles have been published in New Zealand and overseas law journals. Thomas has given expert evidence on land development issues in the High Court, and is currently lead drafter on the ADLS-REINZ Agreement for Sale and Purchase of Real Estate. He is also a trustee of the Waikato Housing Initiative and the Waikato Community Lands Trust.
Mr. Clinton Baker, Partner, Price Baker Berridge
Clinton graduated from the University of Auckland in 1990. He practices in civil litigation and is one of New Zealand's leading specialists in unit titles and body corporate law. Clinton advises committees, owners and their secretaries/managers on a wide range of issues; from building defects and repair schemes to restructuring of unit title developments. Clinton regularly appears in Court and attends mediations on behalf of Bodies Corporate and individual owners.
