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Real Estate Services

Asset Management

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.

Examples of our work

Valley Metro Shopping Centre (Brisbane)

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.

Letting agent appointments

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.

Regulatory compliance

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.

Commercial contracts

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.

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.

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.

Discrimination

Providing advice and representation to landlords, including representation in Human Rights Commission matters, in connection with access to premises for mobility impaired persons.

Asbestos risk

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.


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Contact McMahon Clarke

Brisbane
T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000

Melbourne
T +61 3 9909 1400
A Level 2, 696 Bourke Street, Melbourne Vic 3000