ISSUES ARISING IN MIXED-USE DEVELOPMENTS
A presentation for Legalwise on 18 August 2011
BY
SIMON LIBBIS
SUBDIVISION LAWYERS
[email protected]
0488 LIBBIS
www.subdivisionlawyers.com
MIXED-USE DEVELOPMENTS
Simon Libbis
The Subdivision Act 1988
“The interpretation of key provisions of that legislation is a particularly difficult
task as it is one of the most poorly drafted Acts it has been my misfortune to
confront.”
“It must be said that the interpretation of this important legislation is made
exceptionally difficult by virtue of the confusion and lack of clarity of the terms
in which it has been drafted. This legislation sets a very low benchmark for the
art of the parliamentary draftsperson.”
Walker & Sopov v Registrar of Titles [2001] VSC 354 (8 October 2001)
MIXED-USE DEVELOPMENTS
Simon Libbis
Understanding The Plan of Subdivision
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Stages
Easements
Restrictions
Boundaries
MIXED-USE DEVELOPMENTS
Simon Libbis
Section 12 Easements
2 Conditions 1. Necessary
2. Low impact
Supreme Court Cases
• Burford v. Wichlinksi – 1996
• Gordon v. Body Corporate Strata Plan 3023 – 2004
• Body Corporate No.413424R v. Sheppard - 2008
MIXED-USE DEVELOPMENTS
Simon Libbis
Boundaries
Location in Structure
• Interior
• Median
• Exterior
Air Space
Definition of Multi-level
• Section 61 Owners Corporations
Act 2006
MIXED-USE DEVELOPMENTS
Simon Libbis
Common Property & Owners Corporations
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Identifying Common Property
Membership of OC
Multiple OC’s
Limited OC’s
Lot Entitlement/Liability
OC Rules
Insurance
ISSUES ARISING IN MIXED-USE DEVELOPMENTS
A presentation for Legalwise on 18 August 2011
BY
SIMON LIBBIS
SUBDIVISION LAWYERS
[email protected]
0488 LIBBIS
www.subdivisionlawyers.com