• CPD Points: 1.5 [PS] [SL]
  • Price: $88.00
  • Area: Business Law; Commercial Law; Conveyancing and Property; Property Law
  • Delivered: March 2021
Digital Content
  • Recording
  • Paper (16 pages)

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This session was delivered as part of the Property and Commercial Law Conference 2021. Hear industry experts provide practical considerations and relevant case law developments relating to planning and building regulations which arise in property and commercial transactions. In the part session Mr Shaun McElwaine SC presents “Defects in title and restrictions on use”. This provides a range of considerations and updates on recent decisions relating to issues arising from legal restrictions to property use in Tasmania. This is followed by a contextual panel foray into local government and planning matters impacting commercial practitioners including:

  • Building/plumbing issues arising under the Building Act 2019 and its interaction with previous Acts (including interpreting s337 certificates);
  • Discretionary permits and the application and approval processes;
  • Permit conditions and when they may be unenforceable; and
  • Land Use Planning and Approvals Act Part 5/Section 71 Agreements.

Shaun McElwaine, Principal, Shaun McElwaine & Associates

About the Presenter:

Mr Shaun McElwaine SC graduated UNSW with a Bachelor of Laws and Bachelor of Commerce in 1983. He was a solicitor at Zeeman Kable and Page where he became a partner in 1989. In 1996 he launched his own firm, Shaun McElwaine + Associates. He was appointed to Senior Counsel in 2013. He has appeared as counsel in many trials and appeals in a broad range of matters within his fields of expertise and has extensive experience as a barrister and solicitor in diverse matters and for a large range of clients. He has held a number of committee positions: member of the Rules Committee of Supreme Court of Tasmania; Incorporated Council of Law Reporting for Tasmania; Federal Court of Australia Users Group for Tasmania; and Supreme Court of Tasmania Users Group, as nominee of the Law Society of Tasmania.

Nigel Grice, Building Surveyor, Principal, Holdfast Building Surveyors

About the Presenter:

Mr Nigel Grice commenced employment in the construction industry as an apprentice carpenter and joiner in 1990; qualifying as a Building Surveyor in 2000. Mr Grice started Holdfast Consulting and Construction in 2008 as a family owned and operated business, now employing 11 staff.

Rudi Brennan, Permit Authority, Building & Plumbing Coordinator, Clarence City Council

About the Presenter:

Mr Rudi Brennan is the building and plumbing coordinator at Clarence City Council and has worked in this position since 2004. The role incorporates that of Permit Authority under the Building Act 2016 and includes coordinating the assessment of building and plumbing applications, permit approvals and managing compliance activities.

Elizabeth Wilson, Developmental Appraisal Officer, City of Hobart

About the Presenter:

Ms Elizabeth Wilson is a Development Appraisal Planner with Hobart City Council and has worked in that role for 25 years. The role includes assessment of planning applications, providing planning advice, assessing strata applications, and appearing as an expert planning witness at the Resource Management and Planning Appeals Tribunal on behalf of the Council.