History & Purpose

The “Discipline”

The College is concerned with what is defined in its Constitution as the “Discipline”. This is defined as “the law and practice associated with Common Interest Subdivisions”. In turn “Common Interest Subdivisions” are defined as “the subdivision of land (with or without airspace) into lots and common areas whether or not a body corporate or association is established to administer the common areas, including, without limitation, subdivisions commonly known as strata titles and community titles”.

Drivers for the College

Within the legal profession there has always been a lack of formal professional recognition for lawyers wishing to specialize in the Discipline. While some Law Societies with specialist accreditation schemes have recognised “property law” as a speciality, it is significant that none of the prominent specialist strata titles lawyers in Australia have seen it necessary or beneficial for their practice to obtain such a specialist accreditation. They are effectively too specialised for such a categorization.

Given the relatively small number of lawyers specializing in the Discipline within particular states it was unlikely that state based Law Societies would introduce a relevant accreditation program. That raised the prospect of a national based body that focused not only on accreditation, but also on –

  • Fostering practitioners wishing to improve their skills and experience in the Discipline
  • Promoting knowledge and research in the Discipline for the benefit of both practitioners and the millions of people who own, live in or work in strata and community title properties.

A collegiate organization was considered the best structure to achieve a range of objectives relevant to this vision.

Objects of the College

The principal objects of the College are to –

  • Establish and administer to the highest standards a system of specialist accreditation for lawyers skilled in the Discipline
  • Promote the highest standards of professional practice
  • Facilitate research and dissemination of research materials on all aspects of the Discipline
  • Foster a collegiate relationship among accredited specialists and other members
  • Promote public awareness and knowledge of the Discipline
  • Work in a non-political way to improve laws relevant to the Discipline.

The College has a public interest focus and over time it is expected to build a substantial body of knowledge and skills in this important and expanding area of the law.

Founding members

The founding members of the College are.

  •                     Michael Allen, Allen Partners Pty Limited (formerly Partner Mallesons Stephen Jaques, Sydney)
  •                     Francesco Andreone, Managing Director Andreones Lawyers, Sydney
    •  
      • Paul Brotchie, Consultant, McKean & Park, Melbourne
      • Gary Bugden OAM, Solicitor, Brisbane
      • Sharon Christensen, Professor of Law, QUT, Brisbane
      • Ros Janes, Success Law (formerly TEYS Legal Pty Ltd)
      • David Le Page, David Le Page Solicitor