We can assist with planning and development issues prior to, during, and in the post development phases of projects, including advising on land use, changes to development applications or approvals, and challenging conditions of approvals. Our work spans the full ambit of the land use spectrum, from assisting with due diligence to conducting Planning and Environment Court appeals, enforcement proceedings and advising on resumptions and resultant compensation.
Our lawyers have represented landowners in negotiations with local government and departmental agencies in relation to proposed changes to planning instruments affecting land and development rights.
A member of our team carried out due diligence on behalf of the prospective purchaser of a hospital to determine the lawfulness of various uses on the site and the status of issued development approvals.
A member of our team represented a respondent to enforcement proceedings brought by a local council seeking extensive remediation works as a result of alleged breaches of planning instruments. These proceedings involved a review of planning instruments spanning four decades, and consideration of pre-existing lawful use rights.
Acting on behalf of a landowner in respect of resumption of land abutting commercial premises, triggering complex planning, traffic, and valuation issues.
Selina Nutley chaired, on behalf of a developer client, a multi-disciplinary team including town planners, urban designers, and ecological experts, which undertook a structure planning exercise to cooperatively resolve a Planning and Environment Court appeal against refusal of a 300-lot residential subdivision. The exercise directly led to the development being approved by the Planning and Environment Court, and went on to win a Planning Institute of Australia Excellence in Planning Administration Award.
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
‘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
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ 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
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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
‘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
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Recognised in Best Lawyers in Australia for Corporate Law
‘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
‘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
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ 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