Real estate disputes

We know and understand the real estate business and can help you with the full range of real estate disputes across the commercial, retail, industrial and residential property sectors. Our expertise covers breaches of contract, landlord and tenant issues, compensation claims, planning and environment disputes, and construction disputes.

Examples of our work

Land valuation appeals – acting for the owner of a retail shopping centre to appeal three consecutive land valuations.

Contract disputes – acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail and hotel premises. The disputes involved interpreting the contracts for sale, calculation of the purchase price, valuation, incentives and one year price adjustment, development deed, construction contracts, pre-lease agreements and leases.

Fund manager – acting for a fund manager to defend a claim that a heads of agreement constitutes a binding contract to sell land, including opposing a caveat registered over the land.

Enforcing sale contracts – acting for a property developer to bring an action for specific performance to compel the purchaser to complete the sale.

Landlord/tenant disputes – acting for landlords of commercial, office and retail premises to recover rent arrears and advise on lease disputes, including breach of lease, allegations of misleading and deceptive and unconscionable conduct, abandonment of premises, tenant insolvency and market rent determinations.

Construction disputes – acting for property fund managers and landowners seeking damages for defective and negligent design and construction and advising on construction industry security of payments legislation.

Key team members