Jonathan Cohen - Consultant

T: (03) 9510 1561
F: (03) 9510 1565

Professional Biography

Consultant Jonathan Cohen has practised extensively in property law and commercial litigation since 1975.

Jonathan was a partner with a mid-tier Melbourne city law firm from 1995 where he led the Construction, Body Corporate and Commercial Litigation team and joined LMS Lawyers as a Consultant in April 2006.

Jonathan has also acted as in-house Legal Counsel for Commercial Union Insurance Co, a South African-based multinational Insurance company concentrating on personal injury law.

Jonathan receives referrals of work from leading Owners Corporations Managers and also acts for private owners and Owners Corporations in work involving domestic building disputes in small and large-scale projects.

Owners Corporations represented include many of the major and high profile apartment buildings in Melbourne and major residential developments across the state.

Significant Experience

Jonathan has:-

• Acted on behalf of owners corporations with respect to major suburban developments in the recovery of significant loss and damage from builders in consequence of defective workmanship to both common and private property
• 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
• 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
• Represented the 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
• 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 their failure to prepare building plans with proper care and skill in compliance with the relevant standards
• Developed particular expertise in dealing with the complexities of large multi-party litigation arising in an owners corporation 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
• Acted on behalf of landlords in relation to both commercial and retail leasing matters

Professional Appointments and Memberships

• Associative Member, Owners Corporations Victoria (ASM)
• Member Building Dispute Practitioners Society Inc
• Member, Law Institute of Victoria, Litigation Section
• LEADR (Lawyers Engaged in Alternative Dispute Resolution) Mediator

Publications and Seminars

Jonathan has presented papers on Owners Corporation law for Owners Corporations Victoria, LAAMS and Legal Wise. He co-authored the “Body Corporate Book” (1999) with Simon Libbis.