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.
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.
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.
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.
Acting for a property developer to bring an action for specific performance to compel the purchaser to complete the sale.
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.
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.
Recognised for Real Property Law in Best Lawyers in Australia
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘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
‘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
Associate Siobhan Luck is named as 'One to Watch' in Litigation by 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
‘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
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
Recognised in Best Lawyers in Australia for Corporate Law
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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 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