We know and understand the real estate, development, and construction industries and can help you with the full range of disputes across the commercial, retail, industrial and residential property sectors. Contractual disputes can quickly escalate, damaging longstanding relationships and leading to costs blow-outs. Wherever possible, we take a pragmatic and commercial approach to resolution of potential disputes, but if court intervention becomes inevitable, we have significant expertise in managing proceedings across all levels of State and Federal courts. Our expertise covers breaches of contract, landlord and tenant issues, compensation claims, planning and environment disputes, and construction disputes.
Acting for the owner of a retail shopping centre to appeal three consecutive land valuations.
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 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 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 property fund managers and landowners seeking damages for defective and negligent design and construction and advising on construction industry security of payments legislation.
Successfully defending an application to strike out a claim on behalf of more than 40 property owners in what became Queensland's leading case authority about representative actions.
Acting on behalf of a group of landowners to successfully recover compensation for diminution in property value as a result of mining related subsidence; acting on behalf of a landowner seeking compensation for negligent legal advice associated with the purchase of an agricultural property subject to severe clearing restrictions; acting for vendors seeking specific performance of land contracts; acting on behalf of a landowner in a dispute with neighbours concerning the interpretation and use of an access easement; advising and acting on behalf of a developer to revive a lapsed development approval; and acting for a former owner of a commercial shopping centre who was joined to proceedings against the new owner under the proportionate liability regime.
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.
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.
Successfully acting for an industrial property tenant about delays for the completion of works.
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 landlord in applying to the Queensland Civil and Administrative Tribunal to set aside a rental determination carried out under the Retail Shop Leases Act.
Acting on behalf of both proponents and opponents in appeals to the Planning and Environment Court seeking to challenge development approvals.
Acting on behalf of landowners seeking compensation for devaluation of land arising from contamination and mining subsidence.
Acting for rural landowners in relation to alleged unauthorised clearing of land.
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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
‘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 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
‘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
Recognised in Best Lawyers in Australia for Corporate Law
‘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
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ 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
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ 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
Recognised for Real Property Law in Best Lawyers in Australia
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia