We have significant experience advising property owners and managers on all aspects of real estate asset management. Our lawyers draft and negotiate property management and letting agent agreements, facilities maintenance agreements, general services contracts and capital works construction and maintenance agreements. We provide advice on regulation compliance generally, arrears recovery, insolvency, lease terminations, security enforcement, and personal property security issues.
Advising LaSalle Investment Management on the major repositioning and pre-leasing of this retail shopping centre positioned above the Fortitude Valley Railway Station in Brisbane, including advising on agreements for lease of the refurbished centre from an early stage, lessor disclosure statements for construction works, lease termination and relocations, Retail Shop Leases Act compliance, compensation claims, and tenant management through to completion of the project.
For duel agents, single appointments or appointments across whole portfolios, we prepare bespoke terms and conditions of appointment or amend and negotiate standard form agents terms as required.
Advising owners and operators of leased premises on their obligations under a wide range of legislation, including work, health and safety, human rights and anti-discrimination, electricity supply legislation, real estate licensing, and retail shop leases legislation.
Drafting and negotiating a full suite of commercial contracts required by landlords or persons managing leased properties, including facilities maintenance and management agreements, lift installation and maintenance, solar installation and management contract, security contracts, and general service contractor agreements.
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.
Acting for the owner of a retail shopping centre to appeal three consecutive land valuations.
Acting for a tenant in Supreme Court proceedings regarding the meaning of "fair market rent" for a rent review under a commercial lease.
Providing advice and representation to landlords, including representation in Human Rights Commission matters, in connection with access to premises for mobility impaired persons.
Advising a landlord on its obligations to manage asbestos risk, including in connection with obligations owed to occupants to repair and maintain asbestos containing materials.
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘They looked at the bigger picture and the end result rather than point-scoring on items that were not critical to the outcome.’ Chambers Asia Pacific Guide
‘They have been very effective in partnering with us ... their service is first class and they make you feel they are an extension of your own team.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
‘McMahon Clarke’s team punches above its weight. It is a boutique funds practice which is very good at property funds and fund restructuring work.’ Chambers Asia Pacific Guide
Recognised in Best Lawyers in Australia for Corporate Law
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’ Chambers Asia Pacific Guide
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’ Chambers Asia Pacific Guide
Recognised for Real Property Law in Best Lawyers in Australia
‘They see the big picture across all real estate sectors, including commercial, industrial, and residential, as well as alternative asset classes.’ Chambers Asia Pacific Guide
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia