Property

We are about as far from the stock standard as you can get. A team of over 130 lawyers nationally who understand the full ambit of property, environment and planning issues. No other firm combines all three disciplines. Our reputation is for facilitating - not frustrating - major transactions, helping clients to lock in deals and maximise profits.

Our property lawyers are property experts with enormous experience and a great deal of passion for the industry. We have all the legal skills and resources needed to help clients maximise margins, identify, minimise or sell down risk, solve problems and manage complex and diverse property projects across multiple jurisdictions. Above all, we bring a fresh commercial approach to our work. We understand how deals are constructed and what needs to be done to make them successful.

Our services to clients, especially those with national or cross-state interests, is comprehensive. We have skilled lawyers in each state with expertise in project structuring, acquisitions, sales, leasing, licensing, management, maintenance and fitout agreements. This covers industrial, commercial and retail properties and major residential developments.

Most of our work is with a mix of blue chip corporates, institutional investors and developers. We act for different sides of the property equation. This enables us to spot potential problems while they are still far away and recognise opportunities that may otherwise escape.

We advise on all types of property matters across a range of industries including:

• corporate real estate
• property development
• funds management
• government (local, state and federal)
• planning and environment
• retail, industrial, commercial and residential
• tourism, hospitality and entertainment
• aged care and retirement

Clients who work with us tend to do so for the long term. Not just because of the calibre of our legal work, but also because of the quality and consistency of our service. It starts at the beginning of the deal where our experience means we accurately scope the size and nature of the work, quote accordingly and deliver very close to the mark. Rarely are there cost overruns and clients don't get unpleasant surprises at billing time.

We don't bring platoons of lawyers onto projects, preferring a smaller, close-knit team that understands client requirements and is capable of fulfilling them. The team we promise at the outset is the team that will do the job. As a matter of course we provide regular contact and progress reports, confirm timelines, make sure our people are accessible when needed and deliver what we promise, or above.

We share knowledge with our clients and the expert teams they assemble to help them. Naturally, we keep close tabs on legislative changes in all the jurisdictions and ensure clients are kept up to date on new developments and the commercial and risk impacts on owners, investors, tenants and property managers.

Clients should be able to understand the written material that underpins projects. While we prepare contracts with extraordinary care to be legally airtight, we avoid unnecessary technical and legal complexities that may score points with other lawyers, but add little benefit to clients.

Our services

• leasing
• sales and acquisitions
• planning
• environment
• land subdivision
• financing
• joint ventures
• native title
• construction and engineering
• dispute resolution and litigation

• Legal update: Off-the-plan duty concessions revamped

  On 19 September 2008, the State Revenue Office issued a new revenue ruling (DA.048) to explain the administrative treatment of the changes to the off-the-plan and refurbished lots duty concessions. The changes, which affect contracts entered into on or after 1 October 2008, allow developers to continue using the existing method or alternatively use a new fixed percentage method to determine “land values”.

  30 Sep 08 Andrew Spalding , Anna Wilson

• Legal update: Changes to the off-the-plan and refurbished lots duty concessions

  The Victorian government has moved to simplify the administration of the off-the plan and refurbished lots duty concessions. The changes should reduce the cost and administrative burden on developers. However, the new record keeping requirements and the imposition of joint & several liability will need to be carefully managed by developers.

  30 Jul 08 Andrew Spalding

• Legal update: New occupational health and safety regulations

  From 1 July 2008, Part 5.1 of the Occupational Health and Safety Regulations 2007 (Vic) (OHS Regulations) came into effect. This Part of the OHS Regulations relates to “workplaces where construction work is performed”. ‘Construction work’ has been given a broad definition and a new category of duty holder being, “the principal contractor”, has been created.

  30 Jul 08 Nicki Milionis, Robert Swiatlo

• Newsletter: Footprint - June 2008

  This edition of Footprint features an article commenting on a recent High Court decision that makes a significant change to the rules of contract law in the area of repudiation; an account of the principal effects of new Victorian legislation governing communal living; notes by two of our Sydney lawyers on important developments in the area of retail leasing; and a comment on two recent NSW cases dealing with a key provision of that State’s main planning statute.

  30 May 08 Rebecca Hall, Greg Mann, Michael McKee, Craig Penn-Tonkin, Lexia Wilson , Anthony Jreige and Paul Ng

• Legal update: GST backflip on forfeited deposits

  The High Court has held that GST is payable by a vendor registered for GST on a forfeited deposit under a standard land contract that has been rescinded. The judgement overturns the contrary decision by the Full Federal Court.

  26 May 08 David Stavropoulos , Anna Wilson

• Legal update: Margin scheme goal posts move again

  Changes to the way the margin scheme operates on the sale of real property announced with the Federal Budget will cause problems for developers who are buying or have bought land under a GST-free or non-taxable supply.

  19 May 08 David Stavropoulos

• Legal update: Planning Reforms - the next instalment

  In our legal update in April 2008 we reviewed the exposure draft of the legislation. Following a three week period of consultation on the exposure draft, amendments have been made and draft Bills introduced into parliament.

  19 May 08 Felicity Rourke

• Legal update: Planning reform draft legislation released

  On 3rd April, 2008 Minister Sarter released an exposure draft of legislation to implement the reforms and amended the Environmental Planning & Assessment Act and related legislation.

  14 Apr 08 Felicity Rourke

• Legal update: Margin Scheme Mayhem

  The Federal Court has recently handed down a decision on the application of the margin scheme that could create a major GST headache for developers of strata title units.

  26 Feb 08 David Stavropoulos

• Legal update: Liquor Reform in Queensland

  Last Thursday the Queensland Government placed the liquor industry on notice that broad changes are to be made to the Liquor Act 1992 (the Act). Industry members are urged to make submissions to the Government, the deadline for which is 13th of March 2008.

  18 Feb 08 Tom Young