Acquisitions

Due diligence and advice on acquisition strategy. Reviewing, negotiating and implementing acquisition documentation, including exclusivity agreements, option agreements and sale contracts. Acting on acquisitions ranging from single assets to large-scale portfolio transactions, including office, industrial, retail, infrastructure, airport and specialised property assets.

Disposals

Vendor due diligence to prepare assets for sale. Establishing and managing electronic data rooms. Advice on disposal strategy, pre-sale risk management, and complex disposal structures to optimise sale outcomes and maximising value. Preparing, negotiating and implementing disposal documents, including exclusivity agreements, option agreements and sale contracts.

Portfolios

Acting on the sale and acquisition of portfolios of properties, including where the properties are spread across numerous jurisdictions. Supporting clients through the full asset lifecycle, including acquisition, leasing, active asset management, restructuring and ultimate disposal or portfolio divestment.

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.

Multi-lot and 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.

Compulsory acquisitions

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

Distressed real estate

Advising on acquisitions, disposals, leasing, licensing, inter-governmental land transactions and development projects involving government-owned land. See more at Distressed Real Estate.

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.

Non-compliance advice

Advising on landlord and tenant rights under commercial leases and strategies to achieve a successful resolution where there has been an (alleged) breach, including lease enforcement rights and lease restructures 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.

Specialist leasing advisory

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

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

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

• Environmental and renewable: 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.

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 venturers. Securing the sale or lease to future occupiers under pre-commitment agreements.

Affordable Housing

Advising on site amalgamation, affordable housing projects, mixed-use precincts, community housing initiatives and large-scale urban renewal opportunities.

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. Coordinating complex multi-disciplinary projects involving titling, leasing, government approvals, Crown land, strata, infrastructure and stakeholder management.

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.

Complex titling

Complex titling arrangements, including subdivision, air space development, strata titling, community schemes, stratum subdivisions and co-ownership arrangements. Developing titling solutions that maximise development flexibility, investment outcomes and long-term asset value.

Stratum subdivision

Recognised expertise in stratum subdivision and mixed-use developments project. Advising on all aspects of stratum developments, including subdivision design, reciprocal easements, strata and building management statements, shared facilities arrangements, airspace issues and stakeholder management.

Covenants and easements

Documenting permanent land use arrangements, including implementing conditions of development consents, documenting landowner arrangements, and liaising with local authorities.

Airspace

Advising on stratum subdivisions to create airspace 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, collective sales and redevelopment

Managing strata renewals by way of collective sale or redevelopment or redevelopment. 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.

Multi-lot and super lot sales

Acting for consortiums of owners who join together to sell freehold or strata lot property to developers. Drafting co-owner agreements and advising committee of owners collectively to negotiate on behalf of the owner consortiums as a group with a purchaser or developer.

Strata Renewals and Collective Sales

Acting for owners corporations, owner consortiums, developers and advisors on strata renewals opportunities. Advising on all stages of the renewal process from initial meeting or presentation to the owners on the renewal process through to implementation of the approved renewal outcome.

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, restructuring and repositioning of distressed property to maximise the outcome for creditors/distressed sellers.

Leasing insolvency issues

Advising on property aspects of administrations, receiverships and liquidations issues with leases, including lease and security enforcement, disclaimer issues and lease restructures.

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.

Contaminated land

Dealing with contamination and other environmental issues in the context of a sale or acquisition (eg. selling and acquiring contaminated land) or leasing transaction (eg. documenting the agreed 'baseline' and 'make good' positions). Ensuring that strategies are in place to document the agreed risk sharing arrangement.

Renewable projects

Advising developers, landowners, investors and operators on renewable energy projects and associated real estate requirements. Structuring options, leases, licences, easements, access rights and related infrastructure projects. Dealing with titling, land use, regulatory, Crown land and stakeholder issues that arise throughout the project lifecycle.

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.

Crown land

Advising on reserve trust management issues. Leasing and licensing of Crown land reserves and community land. Dealing with farming land, enclosure permits and water rights.

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.

Airports

Advising on national airport real estate issues and complications arising from airports being located on Commonwealth land. Acting on acquisitions, disposals, leasing, licensing, infrastructure projects, developments, subdivisions and operational property arrangements within airport environments across Australia.

Airspace

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

Affordable Housing

Advising community housing providers on affordable housing and community housing projects, including the acquisition, development, restructuring of affordable housing assets and portfolios. Advising on ownership structures, management arrangements, regulatory requirements, title structures, funding conditions, development incentives and long-term operational arrangements.

Retirement villages and aged care

Complex leasing and licensing structures used in aged care and retirement villages, including concurrent leases. Advising operators, investors, developers and not-for-profit organisations on acquisitions, disposals, site redevelopment, titling and operational property arrangements.

Compulsory acquisitions

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

Combustible cladding

Advising on statutory reform and contractual rights and obligations for building owners dealing with combustible cladding in their property portfolios, including advising on disclosure obligations and risk management

Liquor

Dealing with liquor licensing issues which arise on a sale or acquisition (eg. selling pubs, hotels, bars and restaurants) and as part of a lease transaction (eg. leasing restaurants, pubs, hotels and bars). Dealing with liquor law non-compliance issues as part of a sale or acquisition or lease.