Mikaela Bensley

Senior Associate

Qualifications: LLM, LLB, Bsc

Industries

Practices

Mikaela works in the Property and Projects team in Newcastle providing advice on general property law matters including acquisitions and disposals, options, leases, licences, easements, restrictive covenants, Crown Land matters and regulatory advice. Mikaela has 5 years’ experience as a property lawyer and works closely with Katrina Reye, Partner.

Experience

Mikaela has experience assisting clients with:

  • the review and amendment of policy changes as well as preparing refinance due diligence advice for a community housing provider.
  • an ad medium filum viae application, which presumes a landowner is entitled to half or the whole of a road passing through a property. The application will assist a local developer with obtaining development consent and carrying out their proposed construction.
  • work for NSW State government agencies, including Hunter and Central Coast Development Corporation (HCCDC) and Regional Growth NSW Development Corporation (RGDC). Mikaela is assisting Katrina Reye, Partner, with HCCDC’s disposal of Honeysuckle HQ, including management of the data room and preparation of the suite of negotiation documentation.
  • RGDC in relation to the Wagga Wagga Special Activation Precinct and Parkes Special Activation Precinct, including the application of the Land Acquisition (Just Terms Compensation) Act, the preparation of acquisition and disposal contracts, option agreements, leases and licences.
  • Transport for NSW with acquisitions in accordance with the Just Terms Act by preparing acquisition contracts, drafting ancillary easements and covenants as well as attending to settlement and registration of dealings.
  • procurement and development, due diligence and property transactions for a range of community housing providers, including a developing knowledge of government funding initiatives and applicable legislation to social and affordable housing.
  • the preparation of advice to Maitland City Council in relation to dedication of reserves, drafting restrictions on use, deeds of release regarding restrictions on use and landlord obligations under leases.
  • work for Newcastle Airport Pty Limited in relation to their site acquisitions for the expansion of the Airport and their retail and commercial leases .
  • Pariter Pty Ltd in relation to the sale of Heathcote Hall and 55 off the plan strata units in Heathcote. In drafting the contract for sale, restrictive covenants and easements for Heathcote Hall, attention was paid to the requirements of the Heritage Act and the Heritage NSW guidelines.
  • a local developer’s purchase of an unused aluminium smelter in Kurri Kurri under a series of Put and Call Options, with short settlement periods of only 10 business days. Preparing and lodging all stamp duty applications with Revenue NSW. The developer is on-selling portions of the property for a new gas fire smelter power plant. The remaining portions of the property will be transformed into a substantial residential community with industrial and commercial aspects.

Professional Membership

  • Law Society of NSW