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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, leasing and subsequent disposal 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).

Residential development projects – advising on a range of residential developments for a listed alternative asset manager, including a range of residential strata developments, a 1,000 lot master planned development and 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

Global neighbourhood precinct, Brisbane – advising on a complex arrangement between the precinct developer and counter party, involving the acquisition of 56 apartments in one line and ongoing arrangements for the marketing and sell down of those apartments.

White & Partners – 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.

John Maddison Tower (Sydney) – advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower (Goulburn Street, Sydney), which is crown leasehold and subleased to the Department of Justice, including negotiating and documenting reconfiguration of the head lease, amending existing financing arrangement, and negotiating and finalising a new sublease.

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

Commercial office building, Mt Gravatt (Brisbane) – advising on the $63 million sale of the Australian Taxation Office – leased six-storey commercial office building at Mt Gravatt, on the Brisbane CBD fringea

Hotel acquisitions (Tasmania) – advising Pentagon Group on the acquisition of the freehold and business in one line of three hotels located in Tasmania (Olde Tudor Hotel, Bayside Inn, Foreshore Tavern), including due diligence of the freehold and business assets, transfer of licences, transfer of the owners' corporate management rights, and other licensing arrangements.

SilverWater Resort (Victoria) – advising on the acquisition of SilverWater Resort, including due diligence, reviewing related agreements, reviewing management rights and managed investment scheme compliance issues, and advising on all matters through to settlement.

Universal Self Storage Funds Management – advising on the sale of self-storage facilities and businesses (located at Albion and Kelvin Grove in Brisbane and Canterbury in Melbourne) in a single transaction, including negotiating a complex suite of business sale and land sale contracts plus negotiating the completion of the construction contract at the Melbourne site.

Taigum Village shopping centre – advising a group of private developers on the acquisition of the Taigum Village shopping centre site (located in suburban Brisbane), off the plan leasing, including leasing work for the anchor tenant, ongoing leasing work, and the ultimate sale of the site which achieved a record cap rate for assets of its class in Queensland.

10 Browning St, South Brisbane – acting for Forza Capital on the acquisition of an A-grade commercial office building and subsequent leasing work for this mixed use hotel, retail and office property.

55 Russell St, South Brisbane – advising Forza Capital on the acquisition of this government tenanted commercial office building located at Russell Street South Brisbane and all subsequent leasing.

Centuria 80 Grenfell Street Fund – assisting Centuria Property Funds Limited launch the Centuria 80 Grenfell Street Fund, a single-asset, closed-ended unlisted property fund investing in a 50 percent interest in a premier A-grade office tower located at 80 Grenfell St in the Adelaide CBD (South Australia). We advised on all aspects of establishing the fund, registration and offer of investment to retail clients and also developed a new exit mechanism for investors. Our work included preparing/reviewing the constitution, PDS, advertising material, due diligence procedures and documentation.

Commercial Property Fund – advised on the structuring, financing and acquisition of a premium commercial property in Sydney through a fund and joint venture structure, including establishing the fund, negotiating the joint venture terms, advising on an extensive syndicated loan facility and settling a capital raising offer document.

420 George Street (Brisbane) – acting for Forza Capital on the acquisition, leasing and subsequent disposal of this 14 storey commercial office building located in the Brisbane CBD.

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.

Developments

Developments

Tomkins Property Investments – advising on site acquisitions, development projects and design and lease arrangements, including the acquisition of sites in newly developed industrial precincts in Yarrabilba and North Lakes (Brisbane) and infill industrial sites in Nundah (Brisbane), including the site acquisition, planning and other approval process, initial negotiations with tenants, drafting agreements to lease, and finalising documentation through to completion.

Listed Alternative Investment Manager – advising on complex issues following the abrupt end of the business and winding down its existing real estate operations Australia-wide, including advising on the disposal of units in the structure, unwinding finance arrangements, transfer of funds management rights, and the novation of construction and sales contracts plus advising on the disposal of five development sites at various stages in the development cycle and on the sale of funds management rights for a large industrial facility at Milperra Rd, Revesby (New South Wales).

Aura, Milton (Brisbane) – advising a listed alternative investment manager on a residential development, including negotiating the site acquisition, legal due diligence, preparing off the plan sales documentation and scheme establishment documents, negotiating construction funding and construction contracts, and project managing sales and settlement of contracts.

StoreInvest – advising on the acquisition and development of several sites, including a greenfield development site at Hendra (Brisbane airport precinct) and the corresponding commercial off the plan development of the site and establishing a strata scheme and body corporate as well as the acquisition of two storage facility sites in Victoria. Our role included drafting, negotiating and advising on the construction contracts.

Concrete Batching Plants – assisting Wagner Corporation with development agreements and funding arrangements for the development of six turn-key concrete batching plants in South East Queensland.

KPAT Property – advising on the $40 million mixed-use redevelopment of The Glad Hotel in Toowoomba incorporating 240 serviced Oaks apartments, tavern, conference facilities, 1,000m2 retail strip and 300 space carpark, as well as the $25 million construction contract.

Avani Mooloolaba – advising KPAT Property on a $60 million 160 room plus 1,000m2 retail mixed-use hotel redevelopment at the Sunshine Coast, including all aspects of the development agreement, due diligence, financing, and hotel management agreements.

Listed Alternative Asset Manager 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.

Residential development projects – advising on numerous residential developments for a listed alternative asset manager; residential strata developments, including The Duke (Kangaroo Point) and Arbor (Milton); Alceon on residential tower Brooklyn@Varsity Lakes; and a national property fund manager on a $45 million residential development near the Sydney CBD.

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.

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.

Commercial developments – advising on acquisition and development to leasing and sale, including 88 Boundary Street, Northway Business Park, N62 Business Centre and Springfield Tower, as well as a series of BP service centres for FKG Developments.

45 Lawson St, Byron Bay (NSW) – advising Friday Investments on the luxury residential development, Friday on the Beach.

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 appeals – Selina 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

Tomkins Property Investments – advising on site acquisitions, development projects and design and lease arrangements, including the acquisition of sites in newly developed industrial precincts in Yarrabilba and North Lakes (Brisbane) and infill industrial sites in Nundah (Brisbane), including the site acquisition, planning and other approval process, initial negotiations with tenants, drafting agreements to lease, and finalising documentation through to completion.

10 Browning St, South Brisbane – acting for Forza Capital on the acquisition of an A-grade commercial office building and subsequent leasing work for this mixed use hotel, retail and office property.

55 Russell St, South Brisbane – advising Forza Capital on the acquisition of this government tenanted commercial office building located at Russell Street South Brisbane and all subsequent leasing.

John Maddison Tower (Sydney) – advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower located at Goulburn Street, Sydney (crown leasehold and subleased to the Department of Justice), including negotiating and documenting reconfiguration of the head lease, amending the existing financing arrangement, negotiating and finalising a new sublease and then advising on the purchase of the rental stream deriving from the sublease on a net present value basis by ANZ through a structured receivables purchase facility.

KPAT Property Transaction – advising KPAT Property on the disposal of an industrial warehousing and light manufacturing facility located at Toowoomba, including the subdivision of land, associated easements, construction of purpose-built warehouses, and leasing arrangements.

Valley Metro (Brisbane) – acting for LaSalle Investment Management on the leasing of the Valley Metro complex, comprising a retail shopping centre and 10 level office tower known as Transport House, including negotiating agreements for lease, leases with national retailers, such as Woolworths and Hoyts, and advising on all associated matters such as tenant disputes.

307 Queen Street (Brisbane) – managing all leasing work for LaSalle Investment Management on this 26 level A grade office tower in the Brisbane CBD.

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.

John Maddison Tower (Sydney) – advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower (Goulburn Street, Sydney), which is crown leasehold and subleased to the Department of Justice, including negotiating and documenting reconfiguration of the head lease, amending existing financing arrangement, and negotiating and finalising a new sublease.

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 retailer Forever New on the leasing of its tenancies within Australia.

 

Finance

Finance

Mixed-use trade and distribution centre – advising Wagner Corporation on its arrangements with the State of Queensland for the delivery of a mixed-use trade and distribution centre for the Wellcamp Airport asset near Toowoomba.

Aura, Milton (Brisbane) – advising a listed alternative investment manager on a residential development, including negotiating the site acquisition, legal due diligence, preparing off the plan sales documentation and scheme establishment documents, negotiating construction funding and construction contracts, and project managing sales and settlement of contracts.

Senior construction facilities – acting for the debt management arm of White & Partners on all aspects of property due diligence for senior construction facilities, including legal due diligence on the property, reviewing sale contracts, strata documents and construction agreements, and acting on the certification of presales required for funding.

Premium commercial property – advising a national property fund manager on acquiring debt finance for its joint venture acquisition of a commercial property in Sydney for $115 million, including advising the senior and mezzanine borrowers on a $70 million senior facility and a $17 million mezzanine facility, including structuring the transaction; reviewing and negotiating security trust agreements, loan note deed and drawdown conditions; negotiating with the lenders and the joint venture partner; and advising on interposing trust vehicles. We subsequently advised on the sale of the fund manager's interest to its joint venture partner, including all documentation, reviewing leases, and arrangements with financiers.

John Maddison Tower (Sydney) – advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower located at Goulburn Street, Sydney (crown leasehold and subleased to the Department of Justice), including negotiating and documenting reconfiguration of the head lease, amending the existing financing arrangement, negotiating and finalising a new sublease and then advising on the purchase of the rental stream deriving from the sublease on a net present value basis by ANZ through a structured receivables purchase facility.

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

293 Queen Street (Brisbane) – acting for LaSalle Investment Management in the redevelopment, leasing and associated asset management work for 293 Queen Street, a $52 million seven-storey office building located in Brisbane's Golden Triangle, including drafting, negotiating and advising on multiple construction contracts in connection with redevelopment works.

307 Queen Street (Brisbane) – acting for LaSalle Investment Management in the redevelopment, leasing and associated asset management work for 307 Queen Street, a $150 million 26-story office tower in the Brisbane CBD, including surrender and repositioning of leases for Bank of China, Heritage Bank, Palladium Group and Corporate Travel Management, and drafting, negotiating and advising on multiple construction contracts in connection with redevelopment works.

Aura, Milton (Brisbane) – advising a listed alternative investment manager on a residential development, including negotiating the site acquisition, legal due diligence, preparing off the plan sales documentation and scheme establishment documents, negotiating construction funding and construction contracts, and project managing sales and settlement of contracts.

Marquette Investment Managers Pty Ltd – advising on, drafting and negotiating multiple construction contracts for the redevelopment works and fit out of new tenancies at 288 Edward Street Brisbane, a 28 storey CBD office tower, and 130 Queen Street Brisbane, a four-storey retail building, plus advising on the management of tenants continuing to trade whilst the works are undertaken.

FK Gardner – drafting and negotiating construction contracts and subcontracts.

Listed Alternative Asset Manager – 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.

Market rent determinations – acting for a tenant in Supreme Court proceedings regarding the meaning of "fair market rent" for a rent review under a commercial lease.

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.

Commercial building unlawful use – successfully resolving a dispute about purchasing a building pursuant to a put and call option deed where the building use was unlawful and without planning approval.