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Local Government Property Spring Roadshow Webinar Series 2021

  • When: 15 & 22 October, and 5 November 2021
  • Time: 10:00AM - 11:15AM and 11:30AM – 12:45PM AEDT
  • Where: Online via Zoom using your PC or mobile
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We invite you to join us for our Local Government Property Spring Roadshow webinar series.

The role of Local Government within the property space continues to evolve through these unprecedented times.

The lawyers at Russell Kennedy would like to extend an invitation to the Local Government Property Spring Roadshow webinar series, which will take place as back to back sessions across three Friday's in October and November, starting on Friday 8 October 2021.

Each session will be presented by a group of Russell Kennedy’s expert local government lawyers. The webinars will provide Council officers with valuable knowledge that is integral to local government property transactions.

With each webinar session, we are providing the opportunity to submit your questions, before the webinar and during the webinar in our interactive Q&A format.

Click on a session below to read more and register:

Session 1 - Retail Leases Act - Updates, Friday 15 October 2021, 10:00 AM - 11:15 AM AEDT

In this webinar, our expert panel will provide Council officers with an overview of the most recent amendments to the Retail Leases Act 2003 (Vic) and case law developments in this area.

Our panel will look to explore the key changes effected by the Retail Leases Amendment Act 2020 (Vic), including:

  • Disclosure Statements
  • Options to Renew - notification and commencement
  • Essential Safety Measures
  • Security Deposits
  • Case law and VCAT updates

This session will be presented by Principals Emma Dunlevie and Samantha Taylor, and Associates Melanie Young and Janelle Oh. Samantha will also be facilitating this session.

Time: 10:00 AM - 11:15 AM AEDT 

Date: Friday 15 October 2021

Register for session 1 here
Session 2 - Leasehold Divestment – Local Government application,
Friday 15 October 2021, 11:30 AM - 12:45 PM AEDT

COVID-19 has significantly impacted the commercial tenancy market, with many tenants seeking to reduce their tenancy holdings.

This session will explore options available to Councils, when acting as either property owner or tenant, in circumstances where a party is seeking to divest its leasehold interests, including:

  • Surrenders of Lease
  • Assignments of Lease
  • Subletting
  • Divestment and incentive or rent deferral issues

This session will give Council officers an understanding of the legal framework pertaining to divesting leasehold interests, including the options available to the parties and practical considerations.

This session will be presented by Principals Emma Dunlevieand Samantha Taylor, and Associates Melanie Young and Janelle Oh. Samantha will also be facilitating this session.

Time: 11:30 AM - 12:45 PM AEDT 

Date: Friday 15 October 2021

Register for session 2 here
Session 3 - Local Government Act 2020 Implementation Update: A Property Perspective, Friday 22 October 2021, 10:00 AM - 11:15 AM AEDT

In this webinar, Russell Kennedy’s experienced Local Government team will provide an update on where the staged implementation of the Local Government Act 2020 is up to, and discuss property issues encountered to date.

Join this interactive panel session to gain a greater understanding of the Local Government Act 2020, including:

  • Instruments of delegation – a new flexibility
  • Community engagement – how is it working in practice
  • Road discontinuances (straddling both 1989 and 2020 Acts),
  • What parts remain to be implemented?

This session will be presented by Special Counsel Michael Dowling, and Senior Associates Kate Bartlett and Shaun Burmester. Michael will facilitate this session.

Gain a practical understanding on property compliance issues arising under the Local Government Act 2020.

Time: 10:00 AM - 11:15 AM AEDT

Date: Friday 22 October 2021

Register for session 3 here
Session 4 - The Role of the Superintendent in Local Government Construction Contracts,
Friday 22 October 2021, 11:30 AM - 12:45 AM AEDT

The Superintendent has an important role under construction contracts but one that is often misunderstood. They can act in two fundamental but distinctive roles. On one hand, they act as an agent of the Principal and the other is to act as a certifier under the contract. It is important that both the Superintendent and the Principal understand the differences between these two roles and the other duties that the Superintendent has when administering a contract.

In this webinar we will look to explore:

  • The scope of the Superintendent’s duties
  • How contract administration is treated in the main standard form construction contracts 
  • The dual roles of the Superintendent in acting as the client's agent and acting as valuer, assessor, and certifier
  • The interplay between the contract the Superintendent is engaged under and the contract they administer
  • Knowledge of the law required by a Superintendent
  • Superintendent's role when disputes arise
  • Liability and insurance issues 

This session will be presented by Principal, Kyle Gillan and Senior Associate Michael Bragg. Special Counsel Michael Dowling will facilitate the session. 

Time: 11:30 AM - 12:45 AM AEDT

Date: Friday 22 October 2021

Register for session 4 here
Session 5 - Tips and Traps with the Provision of Social and Affordable Housing: A Council Perspective,
Friday 5 November 2021, 10:00 AM - 11:15 AM AEDT

In this webinar, Russell Kennedy’s experienced Local Government team will provide a session around identifying the legal issues with the provision of Social and Affordable Housing, and how to address them.

Join this interactive panel session for an in-depth look at the legal and practical issues to be encountered by Councils in this housing space, including:

  • Housing types and terminology
  • Government funding
  • The procurement of social and affordable housing outcomes
  • Current and future developments in this sector

This session will be presented by Special Counsel Michael Dowling, and Senior Associate Shaun Burmester. Michael will facilitate this session.

The session will be interactive and we encourage questions throughout the presentation, there will be time following the presentation for additional discussion and Q&A.

Time: 10:00 AM - 11:15 AM AEDT

Date: Friday 22 October 2021

Register for session 5 here
Session 6 - Managing Contaminated Land in the New Statutory Framework, 
Friday 5 November 2021, 11:30 AM - 12:45 PM AEDT

In this webinar, Stefan Fiedler will explore Councils' obligations managed contaminated land. Environment protection legislation imposes statutory duties manage contaminated land, including in particular circumstances disclosure to the Environment Protection Authority. Failure to discharge these duties is now actionable by eligible persons for civil remedies without the necessity of intervention by the Environment Protection Authority.

Join this webinar to learn a greater understanding of new duties and strategies to protect Councils' and its community's interests, including:

  • Reformed Environment Protection legislation.
  • Discharging the statutory duties.
  • Approaches to mitigate Councils' liability and protect Councils' interest utilising expert services retained under legal professional privilege.

This session will be presented by Principal Stefan Fiedler and Special Counsel Michael Dowling. Michael will also be facilitating this session.

Time: 11:30 AM - 12:45 PM AEDT

Date: Friday 5 November 2021

Register for session 6 here

 

Webinar Details

We are utilising Zoom to run these webinars. Zoom is free to download and can be viewed from your PC/mobile device. 

Attendees will be sent a link to log into the live webinar upon registration.

COST: These webinars are free to attend but bookings are essential as places are limited.

Register for the roadshow here

Presenters:

Michael Dowling

Michael Dowling

Special Counsel and Facilitator

Michael practices in the areas of property, local government, property development and subdivisions.

He is a specialist accredited by the Law Institute of Victoria in property law and has over 30 years’ experience in complex property matters, including a full range of legal services for medium to large scale property projects with particular expertise in the government and local government sectors. Michael has an emphasis on friendly, efficient and timely advice with practical outcomes for his clients.

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Emma Dunlevie

Emma Dunlevie

Principal

Emma’s practice covers all aspects of leasing and licensing transactions – retail, commercial and industrial. She acts for tenants, landlords, local government and state government authorities, as well as the not-for-profit sector.

Emma has extensive knowledge of retail leasing legislation in Victoria and other Australian states, and is experienced in handling tenancy disputes at mediation and VCAT. Emma is also Russell Kennedy’s Pro Bono Manager and leads our pro bono refugee law practice.

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Kyle Gillan

Kyle Gillan

Principal

Kyle is a projects and construction lawyer focused on the ‘front end’ procurement aspects of projects. With over 10 years experience advising on major projects in Australia and Asia, Kyle has an in-depth understanding of the building and construction industry. Kyle works with his clients to identify and manage legal risk and execute superior project outcomes.

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Stefan Fiedler

Stefan Fiedler

Principal

Stefan is a leading environmental lawyer who acts for local government, water corporations, waste and resource recovery groups and corporations across various sectors including waste management, resource recovery, infrastructure, manufacturing, organics, rendering, logistics and agriculture.

His practice involves landfills, solid waste management, contaminated land and groundwater, EPA licensing and approvals, trade waste, reclaimed water, stormwater drainage and enforcement. Prior to practicing law, Stefan worked as an environmental engineer for the Environment Protection Authority.

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Samantha Taylor

Samantha Taylor

Principal

Samantha has experience in a variety of commercial property transactions including sales and acquisitions and commercial leasing. Samantha advises both landlord and tenant clients in all aspects of leasing transactions, across all Australian jurisdictions. In addition to her leasing work, Samantha advises clients in respect of commercial sales and acquisitions, including preparing and reviewing transaction documents.

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Kate Bartlett

Kate Bartlett

Senior Associate

Kate is a senior property lawyer with expertise in disposals and acquisitions, leasing, property development and redevelopments and roads. Kate advises on, and represents clients in commercial, industrial, retail, residential and other real estate matters and transactions, and on all government property transactions and matters, including the real estate aspects of water, gas, and energy projects.

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Shaun Burmester

Senior Associate

Shaun was previously a lawyer practising in the property and development sector in New Zealand before joining Russell Kennedy. Shaun’s experience is across a wide range of property matters, this includes commercial leasing, property development and local government property work. He focusses on providing clients pragmatic and effective advice, whilst working with them to achieve practical solutions.

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Michael Bragg Profile photo

 

 

Melanie Young

 

 

Janelle Oh

Michael Bragg

Senior Associate

Michael practices primarily in the areas of construction and infrastructure focusing on “front end” contractual work. Michael assists in the drafting construction contracts and related documents.

Michael also has experience in dispute resolution and has assisted construction companies and consultants in both small and large-scale disputes including Magistrates Court matters, adjudications and commercial arbitrations, and matters in the Supreme Court.

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Melanie Young

Associate

Melanie practises in all areas of property and is experienced in advising local governments, property developers, statutory authorities and private clients on a wide range of property-related issues.

Melanie focuses on providing pragmatic and commercially-focused advice to help clients find practical solutions. Melanie also speaks Cantonese and Mandarin and can work with our Chinese clients on a range of matters.

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Janelle Oh

Associate

Janelle is an Associate in the firm’s Property and Development practice. Prior to joining Russell Kennedy, Janelle was a lawyer in a boutique practice representing landowners, boutique developers and non-bank lenders in a wide range of property transactions and property dispute matters at the Supreme and County Courts of Victoria.

Janelle’s well-rounded experience in property law enables her to assist clients in navigating sale and purchase transactions, leasing matters and property disputes with efficiency.

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Event contact

P +61 3 9609 1555
E events@rk.com.au
For more information regarding this webinar please contact  our events team.