ISSUES ARISING IN MIXED-USE DEVELOPMENTS A presentation for Legalwise on 18 August 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS 0488 LIBBIS

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 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 R v. Sheppard

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 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 0488 LIBBIS