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Real Estate Services

Litigation

The co-ordinated approach of our Litigation 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.


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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