General

General

Seven Fields and Abbotsleigh Citrus – advising the owners of Seven Fields (a company) and Abbotsleigh Citrus (a business) on the sale of share and business assets in a combined sale valued at $90 million. The sale process involved a sale of all land assets owned by the vendors to a Hong Kong based investment company and the remaining business assets to the Nutrano Produce Group. Assets were located in Queensland, Victoria and Northern Territory. Our real estate group (led by Mark Lyons) worked closely with our corporate group (led by Sean McMahon) to complete the transaction.

Mirvac Hotels and Resorts – advising Accor Asia Pacific on the acquisition of Mirvac Hotels and Resorts from the Mirvac Group, including the acquisition of hotels in New South Wales, Victoria, Queensland and Western Australia.

420 George Street (Brisbane) – acting for Forza Capital on the acquisition of a 14 storey commercial office building and ground level retail centre in the Brisbane CBD.

91 Phillip Street, Parramatta (Sydney) – acting for Capital Property Funds on the acquisition of a 15 storey commercial office complex.

Northpoint Tower (Sydney) and HQ North Tower (Brisbane) – advising Cromwell Property Group on the $270 million acquisition of Northpoint Tower, a 44 level mixed office and retail landmark building in North Sydney, and HQ North Tower in Fortitude Valley's urban renewal precinct ($186 million).

565 Bourke Street (Melbourne) – Marcus Cutchey advised on all aspects of the $53 million acquisition of a commercial office building, including due diligence and contract negotiations.

Residential development projects – advising on a range of residential developments for Blue Sky Private Equity, including Regents Lane (Woolloongabba), Mirra (Toowong), Arbor (Milton), Cedar Greenslopes (Greenslopes), Bastion (Windsor), The Duke Apartments (Kangaroo Point), Castle Point Apartments (Townsville), and Riverside Gardens Apartments (Townsville); a range of residential strata developments, including Brooklyn@Varsity (Gold Coast), Mint Residences (Lutwyche), Banc (Toowong), Parkinson Terraces (Parkinson) and Spendelove Residence (Gold Coast); and advising Lyons Capital on The Sands (Tannum Sands, Queensland), a 1,000 lot master planned development, and Stockwood Estate (Gladstone), a 90 lot residential development.

Commercial developments – advising on a range of commercial developments, from acquisition and development to leasing and sale, including 88 Boundary Street (Brisbane), Northway Business Park (Brisbane), Springfield Tower (Queensland), 38 East-Industrial Park (Stapylton) and North Lakes Work Centre (Queensland).

Commercial leasing – managing all leasing work for 215 Adelaide Street (Brisbane), a 29 level office tower and retail centre owned by Pramerica Real Estate Investors, and working on the redevelopment of the retail space in the building prior to the sale of the building; advising Opus Capital on managing its entire $500 million commercial office leasing portfolio; and advising LaSalle Investment Management on all leasing agreements for the landmark Melbourne mall redevelopment.

Retail leasing – advising on retail leasing extensively for Noosa Fair Shopping Centre, Pelican Waters Shopping Centre, Park Village Shopping Centre, Chevron Renaissance, Bell Central Nerang, Keppel Bay Plaza, Taigum Village, Metro West Kenmore and Woolworths Ashgrove.

Retail tenant leasing – acting for well known national retailer Forever New on the leasing of its tenancies within Australia.

Structuring

Structuring

Land Equity Group – drafting and negotiating a joint venture agreement between a Brisbane based developer and a foreign investor involving a range of retail, commercial and light industrial developments in South East Queensland.

Grant Thornton Properties – acting for an investment trust which teamed with one of South East Queensland's largest developers for the development of an office tower at Springfield. The project was structured as a "full fund through" development arrangement.

Ray White Invest – developing joint venture arrangements for projects as diverse as residential developments, office developments and the redevelopment of shopping centre sites. The documentation involves sophisticated drafting of profit share arrangements and the rules regulating the funding and management of the developments through the various stages.

Investment through a debt structure – successfully structuring projects where investment from a joint venture party is structured as debt to minimise tax and duty implications. This usually involves the investor taking a second mortgage position behind the senior debt financier and drafting "custom made" security documents and significant negotiations.

Transactions

Transactions

Mirvac Hotels and Resorts – advising Accor Asia Pacific on the acquisition of Mirvac Hotels and Resorts from the Mirvac Group, including the acquisition of hotels in New South Wales, Victoria, Queensland and Western Australia.

420 George Street (Brisbane) – acting for Forza Capital on the acquisition of a 14 storey commercial office building and ground level retail centre in the Brisbane CBD.

91 Phillip Street, Parramatta (Sydney) – acting for Capital Property Funds on the acquisition of a 15 storey commercial office complex.

Northpoint Tower (Sydney) and HQ North Tower (Brisbane) – our lawyers advised Cromwell Property Group on the $270 million acquisition of Northpoint Tower, a 44 level mixed office and retail landmark building in North Sydney, and HQ North Tower in Fortitude Valley's urban renewal precinct ($186 million).

565 Bourke Street (Melbourne)Marcus Cutchey advised on all aspects of the $53 million acquisition of a commercial office building, including due diligence and contract negotiations.

Developments

Developments

Blue Sky Private Equity residential developments – project structuring, acquiring development sites, preparing the construction, off the plan contract and disclosure documentation, and all legal work in the sell down and settlement of a number of residential strata developments, including Regents Lane (Woolloongabba), Mirra (Toowong), Arbor (Milton), Cedar Greenslopes (Greenslopes), Bastion (Windsor), The Duke Apartments (Kangaroo Point), Castle Point Apartments (Townsville), and Riverside Gardens Apartments (Townsville).

Residential strata developments – advising on a range of residential strata developments, including Brooklyn@Varsity (Gold Coast), Mint Residences (Lutwyche), Banc (Toowong), Parkinson Terraces (Parkinson) and Spendelove Residence (Gold Coast).

Flat land developments – advising Lyons Capital on The Sands (Tannum Sands, Queensland) a 1,000 lot master planned development, and Stockwood Estate (Gladstone), a 90 lot residential development.

88 Boundary Street, Brisbane – the acquisition, development, leasing up and sale of commercial lots in a mixed use development at West End, Brisbane.

Northway Business Park, Brisbane – the acquisition, development and sale of 11 industrial lots in a community title development at Narangba, Brisbane.

Springfield Tower, Queensland – negotiating, drafting and finalising fund through development documentation, site acquisition and ongoing leasing of a six level commercial office tower.

38 East-Industrial Park, Stapylton – the acquisition, development and sale of 22 industrial lots in a community management scheme at Stapylton, Queensland.

North Lakes Work Centre – advising on a community title scheme anchored around a Reece Plumbing retail outlet that was custom built by our client for Reece Plumbing.

Planning and environment

Planning and environment

Land use negotiations – our lawyers have represented landowners in negotiations with local government and departmental agencies in relation to proposed changes to planning instruments affecting land and development rights.

Due diligence – a member of our team carried out due diligence on behalf of the prospective purchaser of a hospital to determine the lawfulness of various uses on the site and the status of issued development approvals.

Enforcement proceedings – a member of our team represented a respondent to enforcement proceedings brought by a local council seeking extensive remediation works as a result of alleged breaches of planning instruments. These proceedings involved a review of planning instruments spanning four decades, and consideration of pre-existing lawful use rights.

Land resumption and compensation – acting on behalf of a landowner in respect of resumption of land abutting commercial premises, triggering complex planning, traffic and valuation issues.

Co-operative resolution of appealsSelina Nutley chaired, on behalf of a developer client, a multi-disciplinary team including town planners, urban designers, and ecological experts, which undertook a structure planning exercise to co-operatively resolve a Planning and Environment Court appeal against refusal of a 300 lot residential subdivision. The exercise directly led to the development being approved by the Planning and Environment Court, and went on to win a Planning Institute of Australia Excellence in Planning Administration Award.

Leasing

Leasing

215 Adelaide Street (Brisbane) – managing all leasing work for this 29 level office tower and retail centre owned by Pramerica Real Estate Investors, and working on the redevelopment of the retail space in the building prior to the sale of the building.

Orchard Essential Healthcare Fund – advising on the leasing of hospitals and clinics, including South Eastern Private Hospital, Belmont Private Hospital, Lingard Private Hospital, Currumbin Clinic and Maitland Private Hospital to a health care services provider.

Opus Capital – our lawyers have advised Opus Capital on managing its entire $500 million commercial office leasing portfolio.

St Collins Lane (Melbourne) – advising LaSalle Investment Management on all leasing agreements for the landmark Melbourne mall redevelopment.

Retail centres – our lawyers have advised on retail leasing extensively for Noosa Fair Shopping Centre, Pelican Waters Shopping Centre, Park Village Shopping Centre, Chevron Renaissance, Bell Central Nerang, Keppel Bay Plaza, Taigum Village, Metro West Kenmore and Woolworths Ashgrove.

National retail tenants – acting for well known national retailers Forever New and Pepe Jeans on the leasing of their tenancies within Australia.

Finance

Finance

Mezzanine debt fund – preparing facility and security documentation in favour of the trustee of an unregistered property fund for a residential development at the Sunshine Coast.

$200 million facility refinance – reviewing and negotiating facility documents and security for the refinancing of senior and mezzanine debt facilities for the responsible entity of a large registered managed investment scheme holding property in Queensland, Victoria and the Australian Capital Territory.

$40 million facility – reviewing and advising on the facility and security documentation for a developer undertaking a number of property developments.

$60 million facility – refinancing a purpose-built home centre site for the retail of bulky goods on the Gold Coast, from initial discussions and selecting a preferred financier, to negotiating a term sheet and documents.

Construction

Construction

FK Gardner – drafting and negotiating construction contracts and subcontracts.

Blue Sky – drafting and negotiating construction contracts for residential apartment projects.

Consultants – drafting and negotiating consultant contracts for the appointment of project managers, architects, engineers and quantity surveyors.

Finance – advising on builder's side or tripartite deeds.

Contract administration – advising on administration of construction contracts, including claims for extensions of time and variations.

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.

Disputes

Disputes

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.