We provide strategic advice to a wide range of clients including companies, property and superannuation funds, private and public companies, state and local government authorities, and utility providers in all Australian states.
Our extensive industry knowledge and the strong relationships we have built, allows us to help our clients manage the opportunities and risks of operating in a highly complex and cyclical industry.
We are able to assist with procurement and often link our clients with key services within the property, planning and construction sectors, including land owners, financiers, contractors, property managers and consultants.
We are focused on facilitating commercial outcomes to legal problems. We do this by learning about our clients’ businesses, their industry, and the broader environment in which they operate, to ensure that our advice is contextual, pragmatic and commercial.
By working with our clients and their consultants to understand the bigger picture issues, we are able to identify benefits and risks in a time and cost effective manner.
Thinking| 30 Mar 2020
As of 30 March 2020, some states have passed legislation giving additional powers to the government in respect of retail and commercial leases. These powers have not yet been exercised. Landlords of retail and commercial leases presently have their usual powers of termination and re-entry. On 29 March, the Prime Minister indicated the National Cabinet has agreed to impose a temporary moratorium for tenants impacted by COVID-19. This will be implemented soon and will significantly alter the rights between landlords and tenants.
Thinking| 26 Mar 2020
Legislative responses to COVID-19 are reshaping legal norms. On 24 March 2020, NSW followed the lead of the United Kingdom and a range of states in the US by passing legislation enabling a moratorium on lease evictions.
Thinking| 23 Mar 2020
Earlier this week, ‘non-essential’ indoor gatherings of more than 100 people were banned by the Federal Government as Australia responds to the COVID-19 pandemic. Prime Minister Scott Morrison said Australia should prepare for at least six months of disruption as health authorities attempt to contain infections. A key question is: what happens under a commercial lease to obligations to trade and to make rent payments in this climate where businesses are facing increased pressure to minimise access to their premises? What happens when a government directive forces complete closure of these premises?
Thinking| 13 Jan 2020
Uncertainty on costs of essential safety measures under the Retail Leases Act 2003 (VIC) soon to be resolved
The Retail Leases Amendment Bill 2019 aims to increase certainty in retail leasing arrangements about who pays for costs relating to the installation, repair and maintenance of essential safety measures and to make retail leases fairer and easier to understand.