Property acquisition, development and sale

Our expertise in property law goes back more than a century. We work with our clients on every phase of property projects, from acquisition of buildings and sites, through to development, amalgamation of portfolios and sales. As laws and economic conditions change, we help our clients to ensure that they comply with all legal requirements and take the best advantage of the available opportunities.
 
We are truly part of the fabric of the property industry. Our property lawyers are all prolific authors whose articles appear in many industry and professional journals. We are regularly invited to present seminars and speak at conferences.

We were the first legal practice in Australia to develop an online property contract exchange platform, revolutionising the way real estate is bought and sold.
 
All senior members of the property team sit on advisory boards or committees of property industry and associated entities. We are committed to giving back to the industry through our association with development bodies. Many of our professional staff have worked in the industry or for government prior to joining our legal practice.
 
We are known for being practical and solution focused in our approach to property matters. We have significant expertise in advising on the structure of developments, including where there are multiple uses, various stratum lots, shared facilities, easements and contributions to expenses.
 
We act for property developers, substantial property portfolio owners, government authorities and significant overseas corporate investors in the Australian real estate market.

Residential, industrial and commercial development

  • acquisition of sites or existing buildings
  • drafting and amendment of bylaws
  • management statements
  • development contracts and similar documents
  • contamination and flood affectation matters (how these may be detrimental to developments)
  • agreements with adjoining landowners on development matters including easements, shared facilities, boundary adjustments and co-contribution to the cost of providing services
  • commercial and retail leases
  • resale contracts and sale of leased premises to investors

 Rural property

  • acquisition of large rural holdings
  • management, agistment and cropping agreements
  • drafting long-term agricultural leases
  • easement issues
  • water rights
  • disposal of interests in rural property

Due diligence for property acquisition and finance

  • assessment of risk, including likelihood and severity
  • investigation of title, including review of any restrictions, easements, pre-emptive rights and any encroachments that may apply to the property
  • the supply and standard of services to the land and review of any relevant agreements
  • access to the property or to other property, including review of licence arrangements
  • planning, construction, environmental and heritage matters
  • compliance with statutory duties
  • review of tenancies, car parking, incentive and other occupancy agreements
  • service contracts and management agreements
  • disputes and litigation relating to the property
  • strata title matters
  • intellectual property, including access to architectural designs prepared for the development
  • insurance
  • depreciation, building allowance and GST review
  • foreign investment review

Easements and restrictive covenants

  • creation, extinguishment and variation of easements or covenants
  • easements for access, services and construction (eg swinging cranes and temporary scaffolding)
  • compulsory acquisition of easements and the extinguishment of easements by court order
  • litigation if required to secure a court order

Tax matters 

  • advice on GST matters affecting property transactions
  • stamp duty advice