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Property and Construction

Macpherson Kelley’s team of dedicated Property and Construction lawyers have a track record of working successfully across the Australian property market. Our clients are property developers, fund managers, investors, landlords, tenants, principals, major subcontractors, suppliers, owners corporations, financiers, real estate agents and self-managed super funds and stakeholders.

We pride ourselves on understanding our client’s business and their objectives. In doing so, we analyse all aspects of our client’s legal needs and provide pragmatic and relevant advice and solutions in light of the commercial risks associated with transactions and the effects on their business.

Our Property and Construction team has the breadth of expertise to assist our clients on a diverse range of property and construction matters varying in complexity. Whether it is managing our client’s leases efficiently; ensuring a smooth settlement; or working hand in hand with our client from the conception of a project through all the various stages of acquisition, disposal, development, procurement, tendering, project management, contract interpretation, project financing and dispute resolution; we have the necessary experience to deal with almost any property or construction issue that may arise.

Our Property and Construction team understands the industry and we work closely with our clients to deliver sound and practical legal advice to help ensure that they and their businesses succeed.

Recent Experience

Listed Aged Care Provider – Building and construction contracts

Prepared the head building and construction contracts for a listed aged care provider for numerous projects in Victoria, New South Wales and Queensland and advised on issues arising during construction.

Private Developer/Landowner – Complex subdivision and joint venture

Acted in a complicated Joint Venture arrangement to develop, subdivide and sell 800 lots in outer east Melbourne involving the completion of a complex Joint Venture Agreement and provided advice on the economic entitlement provisions of the Duties Act.

Private Developer - CBD high rise development

Acted on the development of approximately 200 community title scheme lots in Brisbane CBD including the ‘off the plan’ contracts, community management and building management statements, sale of management rights and associated project agreements.

Mid-market company - Acquisition of bulky goods stores

Acted on the acquisition by a national retailer of a number of bulky goods stores in Queensland and New South Wales including the legal due diligence on the site acquisition, project finance, capital raising, negotiation of the contracts and associated project agreements.

Large retail franchisor and Multi-national subsidiary - Negotiation of lease and licensing documentation

Acted for a multi-national retail chain in the negotiation of lease and licensing documentation throughout Australia for over 300 premises and previously in New Zealand for over 40 premises, in relation to commercial, retail sites.

Areas of expertise


  • Capital raising
  • Commercial and retail leasing and licensing
  • Compulsory acquisitions
  • Contract review
  • Conveyancing
  • Due diligence
  • Finance negotiation
  • Joint ventures
  • Leasing
  • Off-the-plan developments
  • Planning and development agreements
  • Planning and environment law
  • Planning appeals
  • Purchases and Sales
  • Retail development
  • Stamp Duty and Taxes
  • Structuring transactions – trusts and syndications
  • Subdivisions
  • Tenancy disputes
  • Transfer of properties
  • Valuations
  • Private lending
  • Native Title
  • Water licensing and rural property
  • Limited recourse borrowing arrangements


  • Advocacy including mediation and conciliation
  • Arbitration
  • Contract drafting and contract negotiation
  • Dispute resolution
  • Litigation
  • Project management advice
  • Risk management
  • Security of Payment
  • Tender preparation


new south wales