property

Whether buying, selling or developing property, clients want strong and definitive advice they can act on. They want lawyers who understand their needs, whether it be residential, commercial or industrial. From obtaining finance to construction, planning and environment law to development approvals, off the plan contracts to leasing, there are plenty of issues that can arise. Throw in rules and regulations unique to each state and it becomes even more complex.

With offices in Victoria, New South Wales and Queensland, our lawyers work with developers, fund managers, investors, landlords, tenants, major subcontractors, suppliers, owners corporations, financiers, real estate agents and self-managed super funds. We speak their language and understand what they need to achieve commercial outcomes. We get to know their business so we can provide the tailored advice they need to succeed.

services

We advise property clients across all areas of expertise, in particular:

  • Building contracts
  • Contract drafting and review
  • Document development associated with establishment of entities
  • Fundraising, including AFSL, information memorandums and prospectuses
  • Income tax, capital gains tax, stamp duty and GST
  • Joint venture, development and project financing
  • Joint venture, development management, project management agreements

We advise property clients across all areas of expertise, in particular:

  • Building contracts
  • Contract drafting and review
  • Document development associated with establishment of entities
  • Fundraising, including AFSL, information memorandums and prospectuses
  • Income tax, capital gains tax, stamp duty and GST
  • Joint venture, development and project financing
  • Joint venture, development management, project management agreements
  • Leasing and licensing
  • Profit share agreements
  • Property and projects due diligence
  • Sales, acquisitions and compulsory acquisitions
  • Structuring advice
  • Subdivisions – strata and flat land
  • Syndication and manufactured equity schemes
  • Town planning and environment law
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recent experience

  • race against time

    A client approached us with a contract to sell part of their property and retain the balance for their own purposes. The contract was subject to obtaining the relevant development approval from the local authority. However, it soon became apparent it would take some time to finalise the approval. Our client needed the money for the sale urgently and could not wait for the local authority to go through its normal red tape processes. We negotiated a restructure of the transaction enabling the sale to proceed urgently with the buyer holding our client’s share of the property on trust for our client until the approval was obtained. We also ensured various protections were in place for our client to secure their share of the property until the arrangements could be finalised.

  • helping assess risk

    Macpherson Kelley represented a large foreign investor interested in providing funding for an apartment development containing more than 100 properties. We became involved in the urgent transaction at the last minute, reviewing the off-the-plan sale contracts to provide the lender with certainty on their enforceability within a very short turnaround time. We provided the lender with very specific commercial information and legal advice to assist them to assess the development in accordance with their specific risk criteria.

  • office tower matters

    A client bought a commercial A grade office tower in Sydney’s CBD. For the years they owned the building we advised on all property matters they faced, including drafting leases for the tenancies, car parking licenses and fitout/incentive arrangements and negotiating disputes with the tenants when they arose, particularly around make good and market rent increases. We helped our client ensure the building was well managed from a legal perspective which enabled our client to maximise the sale price of the building when they eventually sold it.

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