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Elly Ashley

Expertise

Elly specialises in property development including advising in relation to strata and community schemes, preparing and developing appropriate governance title and subdivision structures, acquisitions and disposals, drafting master off-the-plan sales contracts and acting on complex acquisitions, disposals and joint venture arrangements.

Elly is an Accredited Property Specialist and has been a member of the Law Society’s Property Committee and Specialist Accreditation Advisory Committee since 2021.

Elly is also a member of NSW UDIA’s Strata, Community Committee and the Australian College of Strata Lawyers.

Experience

Elly’s expertise includes acting for a number of major property developers and government entities to assist with residential and mixed-use development projects by advising in relation to:

  • establishment of a strata scheme or community scheme
  • conversion and termination of strata schemes
  • compliance with the strata scheme and community scheme laws
  • drafting and negotiating section 88B instruments, by-laws and management statements for both strata and community schemes
  • site due diligence and acquisitions including acquisitions of development sites, crown land and rural land
  • finance due diligence
  • drafting and advising on complex structuring arrangements including put and call option deeds, project delivery agreements, development agreements and joint venture arrangements
  • asset disposal of all asset classes (including residential, retail, commercial and industrial)
  • drafting off-the-plan contracts
  • stamp duty advice impacting NSW Real Estate.

Elly also assists developers, Owners Corporations and Associations with strata and community title NCAT proceedings including proceedings relating to the reallocation of unit entitlements and waiver of initial period restrictions.

Publications

11 September 2024 - Knowledge

From ‘The Castle’ to court: A reminder on protected tenancies

#Property, Planning & Development

A recent case involving a tenant protected under the Landlord and Tenant (Amendment) Act 1948 serves as a reminder for developers to take precautions before purchasing land.

26 June 2024 - Knowledge

Building bond increase delayed until 2 November 2024

#Property, Planning & Development, #Construction, Infrastructure & Projects

The recently passed Building, Development and Strata Legislation Amendment Regulation 2024 will postpone the planned building bond increase, originally set to commence in July, by four months.

19 June 2024 - Knowledge

NSW State Budget revised: Foreign investors beware

#Property, Planning & Development

The NSW State Budget announced on 18 June will revise several pieces of legislation regulating land tax and purchaser duties. We look at how these changes directly impact foreign buyers and investors.

11 June 2024 - Knowledge

Collective sales in strata schemes: Are they effective?

#Property, Planning & Development

We analyse the current legislative framework and cases concerning collective sales in strata schemes and discuss some of the challenges that prompt the need for reforms.

29 January 2024 - Knowledge

Building bond to increase from 1 February 2024

#Property, Planning & Development, #Construction, Infrastructure & Projects

From 1 February 2024, any building bond given on or after this date will be 3 per cent of the contract price for the building work. We look at the change and alternatives for developers.

20 September 2023 - Knowledge

NSW Budget 2023/24 – tax and duty changes revealed

#Property, Planning & Development, #Taxation, #Corporate & Commercial Law

The NSW Government has announced a number of changes to the Duties Act 1997 and Land Tax Management Act 1956 as part of its 23/24 Budget. The changes predominantly affect restructures of corporate entities and private unit trusts and are expected to deliver to the Budget $958.5 million over four years.

06 September 2023 - Knowledge

New Housing and Productivity Contribution and how it may affect your strata development

#Property, Planning & Development

When developing residential flat buildings, a developer will typically obtain a consent for the construction of the building, followed by a complying development certificate for strata subdivision. We examine how this process interacts with the Housing and Productivity Contribution for applications after 1 October 2023.