Real Estate

Real estate is fundamental to Australia’s economy and the delivery of housing, infrastructure, energy and commercial development. 

Property transactions and projects can involve complex commercial, regulatory and stakeholder issues. We help clients navigate those complexities, manage risk and identify opportunities across the real estate lifecycle. The real estate sector is one of Australia’s largest industries, contributing approximately 13% of GDP.

Our real estate lawyers advise local, national and international clients across all types of property matters.

We have particular experience working with REITs, property developers, government, infrastructure and energy providers and organisations with large leasing portfolios. We are also a key adviser on major capital transactions and property fund work.

Our public sector experience is a particular strength, including work across health, social and affordable housing and major infrastructure.

We also work with renewable energy and infrastructure clients on their property requirements, including land access, acquisition, tenure and easements required to develop and operate major projects.

Our highly experienced real estate transactions lawyers advise on all aspects of property transactions, including:

• acquisitions and disposals of retail, commercial, industrial and residential property developments

• property, planning and environmental due diligence, project finance and structuring

• land access and other rights of utility operators under statute and registered interests, such as easements and restrictive covenants

• apartment developments and greenfields subdivisions

• property portfolio management

• joint ventures, development agreements and other project agreements

• all forms of commercial leasing and licensing, including retail, office, industrial leasing, agreements for lease and lease options and enforcement

• compulsory land acquisitions and compensation, and

• land valuation and rate objections and appeals.

Securing land and access rights is critical to the successful delivery of major energy and infrastructure projects. Our experienced land acquisition and access lawyers help clients develop and implement strategies to secure the interests they need while managing project timelines, stakeholder relationships and risk

We manage complex land access, acquisition and assembly programs across Australia, from early tenure strategy and stakeholder engagement through to negotiation, easements, Crown and public land dealings, compulsory acquisition and compensation.

Our multidisciplinary team brings together property, planning and environment, native title, cultural heritage and regulatory expertise. We advise on:

• land access and tenure strategies
• easements, licences, leases and freehold acquisitions
• landholder negotiations and access agreements
• Crown and public land
• pipeline and transmission easements
• co-use and crossing agreements
• compulsory acquisition and compensation
• native title and cultural heritage requirements
• land required for biodiversity and environmental offsets.

Our experience spans major gas pipelines, renewable energy and transmission projects, transport infrastructure and urban development.

Where land or property rights cannot be secured by agreement, compulsory acquisition can be complex, time-sensitive and commercially significant. 

Our compulsory acquisition lawyers act for acquiring authorities and affected landowners. We advise throughout the acquisition and compensation process, including statutory requirements, valuation, expert evidence, negotiation, dispute resolution and litigation.

Our commercial leasing lawyers advise large commercial, industrial and retail landlords and tenants across the public and private sectors.

We help clients manage individual leasing matters and large property portfolios, including:

• drafting contracts

• managing property portfolios for retail giants

• negotiating agreements for leases

• handling lease disputes.

We advise businesses, investors, high-net-worth individuals and public sector clients on the acquisition and disposal of property.

From early due diligence and deal structuring through to negotiation, financing and completion, we help clients identify and manage the legal and commercial issues that can affect a transaction.

Our experience includes:

• due diligence

• deal structuring

• negotiations

• regulatory approvals

• financing

• risk mitigation.

Despite the best planning and management, disputes over property contracts can arise. When they do, our property lawyers take a strategic and commercial approach to resolve disputes. 

Through our analysis and negotiation strategies, we guide clients through the dispute process and advise on the steps to take for the best possible outcomes. 

We advise on the full range of issues that arise from building and construction disputes, including claims for delay, security payments, variations, extensions of time and defects.

Our expertise spans: 

• advising on contract structuring and risk allocation;

• negotiating contracts;

• facilitating expert appraisals/determinations;

• representing builders in licensing proceedings;

• advising on prospects and procedural options;

• representing clients in trade practices disputes regarding building or construction contracts; and

• representing clients in litigation, arbitration and mediation proceedings.