Emilia Panayiotou was admitted to practice as a Barrister and Solicitor of the Supreme Court of Victoria in 2010 with a background of two years experience practicing in bankruptcy and insolvency law. Prior to commencing her Bachelor of Laws, Emilia gained a number of years property experience in the Real Estate industry involved in the management of a large rental portfolio. Emilia’s passion for property reignited when she was admitted to practice and made the decision to focus her legal career practicing in the areas of Building and Construction Law; Owners Corporation Law; and Property and Planning Law.
Emilia’s greatest achievements to date include successfully completing her Masters of Construction Law at the University of Melbourne in August 2015 and settling a number of Melbourne’s most significant Owners Corporation domestic building disputes including a $10m settlement sum from one of Australia’s largest property groups.
In addition to her passion for property and the law, Emilia enjoys spending time with family and friends and all that life has to offer whether it be fine dining and nights at the theatre or sitting on the beach eating watermelon watching the waves role in.
Experience
Emilia’s Building and Construction Law experience includes:
- Acting for Owners Corporations and individual owner action groups in large multiparty proceedings relating to properties with significant water ingress issues, dangerous and non compliant fire separation issues, contaminated and exploding balustrade glass, mould growth affecting the health of occupants, cladding non compliance and dislodgement, rusting and defective balconies;
- Acting for builders in relation to claims made by home owners regarding defective building work and reducing the overall liability of the builder significantly;
- Advising on the application and implications of the Domestic Building Contracts Act, Building Act and relevant Ministerial Orders;
- Advising on and preparing the appropriate Domestic Building Contract for use on a particular project;
- Drafting pleadings and Scott Schedules;
- Briefing and instructing Senior Counsel
- Engaging and dealing with expert witnesses;
- Making claims on Home Warranty Insurers;
Emilia’s Owners Corporation Law experience includes advisory work concerning:
- Use and enjoyment of common property
- Interpretation of Plans of Subdivision and boundary definitions
- Appointment and termination of Managers
- Breaches and enforcement of Owners Corporation Rules
- Apportionment of Owners Corporation Expenses
- Establishing and structuring Owners Corporations
- Committee powers, delegation and the duty of good faith
- Disposal of Common Property and Amending the Plan of Subdivision
- Maintenance plans
- Implication and Interpretation of the Owners Corporations Act & Regulations and Subdivision Act
- Ballots, Special General Meetings and Annual General Meetings
- Maintenance, repair and upgrading of Common Property
- Application of the ‘Benefit Principal’
- Rights and obligations of Managers
- Water Act claims
Additional Owners Corporation experience includes:
- Drafting Special Rules for Owners Corporations
- Drafting Ballot, Notice of Meetings and Agenda documentation as well as Special Resolutions
- Drafting Management Agreements
- Advising on Building Contracts
- Attendances at Committee Meetings, AGMs and SGMs
Emilia’s Property and Planning Law experience includes:
- Commercial and retail leasing
- Conveyancing
- Adverse possession claims
- Fencing disputes
- Residential Tenancy Disputes
- Objections to Planning Permits
Emilia’s general experience includes:
- Advices on commercial matters and drafting of commercial agreements
- Appearances in VCAT, Magistrates Court, Supreme Court of Victoria, County Court of Victoria and the Federal Court
- Preparing articles for publication and presentations to clients
- Building strong and lasting relationships with clients
- Drafting powers of attorney
- Advising on the interpretation and application of various legislations, regulations and codes
Qualifications
- Masters of Construction Law – University of Melbourne
- Bachelor of Laws – James Cook University
- Bachelor of Arts (Major in Legal Studies and Politics) – La Trobe University
Memberships
- Law institute of Victoria
- Building Dispute Practitioners Society
- Society of Construction Law Australia