Massons

Australia's commercial property law experts

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Services

  • Our services

    Massons is an independent Australian law firm specialising in commercial property law. We advise on any legal issue relating to the acquisition, sale or ongoing management of property. We've also done all sorts of "out of the box" arrangements over the years that don't fit into any of the categories listed on this page. If it is property related, we can help.

  • Acquisitions

    Due diligence and advice on acquisition strategy. Reviewing, negotiating and implementing acquisition documentation, including exclusivity agreements, option agreements and sale contracts.

    Compulsory acquisitions

    Assisting owners to navigate the compulsory acquisition process. Negotiating and documenting agreements where statutory authorities seek to acquire land.

    Disposals

    Vendor due diligence to prepare assets for sale. Establishing and managing electronic data rooms. Advice on disposal strategy and maximising value. Preparing, negotiating and implementing disposal documents, including exclusivity agreements, option agreements and sale contracts.

    Distressed real estate

    Working with external insolvency experts as part of a team to investigate sale strategies for problem sites. Managing and implementing the sale of distressed property to maximise the outcome for creditors/distressed sellers.

    Environmental

    Dealing with contamination and other environmental issues in the context of a sale or acquisition. Ensuring that strategies are in place to document the agreed risk sharing arrangement. Selling and acquiring contaminated land.

    Liquor

    Dealing with liquor licensing issues which arise on a sale or acquisition. Selling pubs, hotels, bars and restaurants. Dealing with non-compliance issues as part of a sale or acquisition.

    Portfolios

    Acting on the sale and acquisition of portfolios of properties, including where the properties are spread across numerous jurisdictions.

    Property aspects of corporate transactions

    Working with external corporate and M&A experts as part of a team on a listing, share sale, asset sale, business sale or other transaction to expertly advise where the target company has property assets.

    Super lot sales

    Acting for consortiums of owners who join together to sell property to developers. Drafting co-owner agreements and advising individual owners in relation to their individual interests in owner consortiums. Advising on issues that arise when several owners transact together.

  • Agency law

    Acting for agents and principals advising on agency law across all states and territories in Australia. Drafting and negotiating national and state/territory specific agency agreements that comply with the relevant legislative requirements for all areas, including property management, facilities management, leasing and sales.

  • Airports

    Advising on leasing of airport sites nationally and dealing with complications arising from airports being located on Commonwealth land.

    Commercial leasing for landlords

    Acting for property trusts and funds with large property portfolios. National 'stream' leasing. Creating and maintaining extranets to house all of the vital transaction documents. Ensuring that each asset is always ‘sale ready’. Weekly progress reporting on the status of all transactions. Drafting precedent leases for use across a national portfolio. National retail law compliance. Protecting landlord’s interests on an assignment or sublease.

    Commercial leasing for tenants

    Acting for entities with large national real estate portfolios as a tenant or on 'one-off' transactions for key sites, including commercial, industrial, infrastructure and retail leases. Drafting pro forma leases, key clauses, agreements for lease and licence documents for tenants. Conducting audits of tenant portfolios to identify risks and issues. National retail law compliance. Documenting, negotiating and implementing agreements to assign and sublet.

    Crown land

    Leasing and licensing of Crown land reserves and community land. Dealing with farming land, enclosure permits and water rights.

    Environmental

    Dealing with contamination and other environmental issues in the context of a leasing transaction. Documenting the agreed 'baseline' and 'make good' positions.

    Heritage

    Dealing with heritage issues in the context of a lease.

    Liquor

    Dealing with liquor licensing issues which arise as part of a lease transaction. Leasing restaurants, pubs, hotels and bars. Dealing with liquor law non-compliance issues as part of a lease.

    Non-compliance advice

    Advising on landlord and tenant rights under commercial leases and strategies to achieve a successful resolution where there has been a breach or an alleged breach. Working with external litigation experts to advise on property law aspects of disputes. Documenting agreements to resolve disputes.

    Property aspects of corporate transactions

    Working with external corporate and M&A experts as part of a team on a listing, share sale, asset sale, business sale or other transaction to expertly advise where the target company has property assets.

    Retirement villages and aged care

    Complex leasing and licensing structures used in aged care and retirement villages, including concurrent leases.

  • Co-owner agreements

    Drafting co-owner agreements to govern shared ownership of commercial properties, including dealing with management, costs, dispute resolution and transfer issues.

    Development sites

    Acting for developers in acquiring strategic sites for future development, including under option agreements. Drafting, negotiating and implementing development management agreements, project delivery agreements and arrangements between joint ventures. Securing the sale or lease to future occupiers under pre-commitment agreements.

    Land 'swap' agreements

    Drafting land swap agreements in various jurisdictions to cover the mutual transfer of land or boundary adjustment agreements. Acting on related subdivision and transfer issues.

    Managing developments

    Acting for both developers and owners of large development sites to project manage the legal aspects from acquisition to project completion.

    Mixed use developments

    Specialist skills in strata and other complex titling arrangements required to establish a mixed use strata scheme to maximise the current and future potential of the site.

    Other bespoke agreements

    We've seen all sorts of unusual and complex transactions and we are expert at documenting special arrangements to minimise legal risk.

  • Air space

    Advising on stratum subdivisions to create air space as a separate lot. Leasing, licensing and conveying of airspace.

    Specialised strata advice

    All aspects of strata management documentation including drafting key management documentation and by-laws. Dealing with architectural codes. Drafting strata, community and building management statements. Advising on common property-related disputes.

    Strata renewal and collective sales

    Managing strata renewals by way of collective sale. Advising on process and compliance requirements in the context of a Part 10 renewal, as well as management requirements, development of the strata renewal plan, and court order approval process.

    Strata termination

    Advising on, and implementing, termination of a strata scheme by unanimous consent.

  • Pro bono

    Assisting not-for-profits, communities and charities with a range of property transactions and advice.

  • Airports

    Advising on national airport real estate issues and complications arising from airports being located on Commonwealth land.

    Air space

    Advising on stratum subdivisions to create air space as a separate lot. Leasing, licensing and conveying of air space.

    Contaminated land

    Dealing with contamination and other environmental issues in the context of a property transaction.

    Crown land

    Advising on reserve trust management issues. Leasing and licensing of Crown land reserves and community land.

    Fuel sites

    Negotiating appropriate agreements for lease and leases for fuel station sites, including ensuring that access, contamination monitoring and shared use areas are appropriately dealt with.

    Government and authority-owned land

    Understanding the special rules that apply where the land is owned or managed by a government authority and the special obligations and restrictions placed on authorities.

    Heritage

    Dealing with heritage issues in the context of a property transaction.

    Leasehold land

    Navigating the special restrictions associated with leasehold land and putting in place ancillary agreements to minimise risk where possible.

    Roads

    Drafting, negotiating and finalising leases for lay-down areas, batching plants, storage of vehicles and equipment and other uses ancillary to road works. Acting on footpath licence agreements with various authorities. Closing roads and disposing of sub-surface space and air space within the original road reserve.

Our team

We are purposefully specialised to keep pace with the ever-changing Australian property and legal landscape; a point of differentiation that continually places us at the heart of some of the nation's largest and most complex property dealings.

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Australia's commercial property law experts

Enquiries

Phone: +61 2 8923 0900
Email: property@massons.com