Contract and tenancy disputes
The co-ordinated approach of our Commercial Disputes and Real Estate teams means we are well positioned to focus on the early intervention and management of real estate disputes. Our lawyers have a distinct understanding of the required balance between managing costs and obtaining a speedy commercial resolution.
Examples of our work
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.