He was a partner with Jerrard and Stuk from 1995 where he led the construction, body corporate and commercial litigation team and headed the Owners Corporation and Property division at LMS Lawyers between 2006 and 2015.
Jonathan receives referrals of work from leading Owners Corporations Managers, developers, builders and individuals.
Areas of Practice
- Owners Corporation (body corporate) law
- Building and construction
- Commercial litigation
- Mediation and arbitration
- Property Law
- Town planning
- Mortgage & securities enforcement
- Debt collection
Jonathan has acted on behalf of Owners Corporations Victoria (formerly Institute of Body Corporate Managers Victoria) and was given responsibility for drafting the OCV Copyright Contract of Appointment – Owners Corporation document and advising upon the impact of the Owners Corporations Act 2006 on managers.
Jonathan acted for the successful Plaintiff Philp against Mirvac in “off the plan” contracts of sale for breaches of the Domestic Building Contracts Act and the Supreme Court judgment against Mirvac moved the Victorian Government to pass an amendment to that Act.
Jonathan acted on behalf of the body corporate in connection with defective balustrading in relation to the Supreme Court claim made by Toomey who fell and became a paraplegic. Jonathan was consulted in relation to the low balustrade issue joining architects and engineers and insurers to the proceeding and also issued proceedings claiming damages arising out of water ingress problems into the basement of the same building.
Jonathan acted on behalf of the developer of apartments in Falls Creek Alpine Resort against the builder, building engineer, checking engineer and surveyor. The land is administered by the Alpine Resorts commission and was the subject of long leases which made an interesting background to this piece of difficult litigation.
Jonathan has acted in professional negligence claims against architects and their service companies claiming breaches of professional duties and relief under the Fair Trading Act arising out of the failure to prepare building plans with proper care and skill in compliance with the relevant standards.
Jonathan has developed particular expertise in dealing with the complexities of large multi-party litigation arising in a body corporate context. He has given advice in regard to litigation against developers arising out of unfair contracts of sale affecting common property and inequitable plans of subdivision.
Jonathan has successfully arranged for amendment by order of court of unfair or inappropriate plans of subdivision to correct improper allocation of units of entitlement and liability.
Jonathan has presented papers on Owners Corporations law for OCV, LAAMS and to Legal Wise. He has co-authored the “Body Corporate Book” (1999) with Simon Libbis.
- Associative Member, Owners Corporations Victoria (ASM)
- Member Building Dispute Practitioners Society Inc
- Member, Law Institute of Victoria, Litigation Section
- LEADR Mediator