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(Webinar via ZOOM) Advising Owners on Legal Issues: Strategic approaches on Tenants, Building Management, and Compulsory Sale for Redevelopment
Isabel Tam, Barrister-at-law, Denis Chang's Chambers
Emily Ting, Barrister-at-law, Denis Chang's Chambers
Date: 19 August 2022 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,750
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L22CY05
Venue: Webinar Course
Presenter's Biography:

Isabel Tam graduated with a first class LLB and with distinction in her LLM. She was awarded the Bar Scholarship in 2012. Her practice has an emphasis on public law, family law, commercial law, regulatory matters, and building management. She also has an MA in competition law with distinction in the examination component, and was seconded to the Competition Commission.

She has appeared as sole counsel in the Court of Appeal, the Court of First Instance, the District Court and the Magistrates' Courts. She has also appeared in the Court of Final Appeal.

Her experience in public law includes: judicial reviews and hearings relating to the Small House Policy, the "Co-location Arrangement", the 3rd airport runway, immigration decisions, disciplinary decisions, and administrative tribunals.

Her experience in family law includes: children matters, ancillary relief, anti-suit injunction, and harassment-related proceedings.

Her experience in regulatory matters includes: representing the SFC in disciplinary proceedings and in trial, advising on competition law, advising on listing rules, and representing respondent and complainant in professional misconduct cases.
Her experience in building management includes: trials and hearings on adverse possession, management fees, disputes over common parts, IO meeting procedures, charging orders, and unauthorized building works.

Her legal experience outside Hong Kong includes working on a state-to-state international arbitration, researching at the International Environmental Law Research Centre in Kenya and a summer judicial clerkship at U.S. federal court. She is also called to the Bar in New York.

She regularly undertakes pro bono work, including advising non-profit organizations and acting for litigants on a pro bono basis. She is also interested in environmental law, and has advised and published on the ivory trade and trade in endangered species.

Before joining Chambers in September 2020, Emily was a Judicial Assistant at the Court of Final Appeal between 2019 and 2020, where she assisted judges in appeals, leave applications and other research and publications.

Emily is developing a broad civil practice and accepts instructions in all areas of Chambers' work. She has experience in land (including land compulsory sale applications, adverse possession, landlord and tenant disputes and building planning), trusts, company, insolvency, competition law, tax matters, as well as judicial review and public law matters.

Emily completed her Juris Doctor degree and P.C.LL at the Chinese University of Hong Kong during which she was awarded prizes for academic excellence and advocacy. She also took part in the Red Cross International Humanitarian Law Moot and the Willem C. Vis International Commercial Arbitration Moot. Prior to studying law, Emily read English Literature at King's College London.
 
Outline:

(1) Tenancy agreements: strategies for landlord vs strategies for tenants
  • Termination of tenancy agreement: when to terminate and effects on litigation.
  • Relief against forfeiture
  • Common tenancy clauses affecting the giving of vacant possession and the calculation of damages: rental arrears; management fees and other expenses; interest (contractual and otherwise); mesne profits; set-offs and deductions.
  • Guidance on summary proceedings.


(2) Resolving common building management disputes
  • Interaction between DMC and Building Management Ordinance: powers, breaches and possible defences
  • Common issues between Incorporated Owners and individual owners: use of common parts and unauthorised building works
  • Common issues between Incorporated Owners and Building Manager: negligence by building management company and exemption clauses

(3) Contested Compulsory Sale for Redevelopment
  • Procedural overview of the compulsory sale regime: what to expect
  • Grounds for opposing compulsory sale application
  • Preparation for compulsory sale trial

 
Category: Conveyancing
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