Property owners and investors will be aware that the rules, regulations and legislation governing the acquisition and disposal of property can differ greatly depending on location. The Australasian member firms of ALFA International can ease a client’s concerns by offering expert localised legal advice and assistance.
Having sound acquisition and disposal strategies in place allows businesses to maximise opportunities for returns and profitability in the property market.
Specific areas of expertise include:
- advice on project finance documentation,
- land acquisition and regulatory approval including planning, development and environmental matters,
- preparation of tender documents,
- risk allocation and minimisation assessments,
- advice on structures including property trusts, joint ventures and syndications,
- commercial property development,
- preparation and negotiation of agreements for lease,
- land use, planning advice and appeals,
- leasing advice on behalf of both lessor and lessee,
- pre-acquisition advice on finance and taxation issues, pre-contract investigations and due diligence investigations for commercial properties,
- options and conditional purchases,
- sale and purchase of commercial, industrial, rural and residential properties, and
- subdivision of land including mixed use, strata and unit title and community title developments.
The Australasian member firms provide advice to a range of clients including large construction management companies, government agencies, the providers of defence force housing and social housing, large national banking corporations, small business owners, as well as property developers.
Some of our matters include:
- Advising on the acquisition of a $50 million industrial site in western Sydney, as well as its subsequent subdivision and sale, including advice on contamination issues.
- Advising on the acquisition of a $25 million site for the development of a shopping centre, cinema, hotel and residential units.
- Advising on the acquisition of large areas of land on the north coast of NSW on behalf of the NSW Department of Infrastructure, Planning and Natural Resources for dedication as a national park.
- Advising lessors on a number of projects including a 20 year lease of substantial industrial premises in western Sydney to a major US car parts manufacturer; a 15 year lease of major manufacturing premises in western Sydney to a steel components producer; and a 20 year lease of a large warehouse and office facility in north-west Sydney to an international pharmaceutical company.
- Advising the NSW Department of Education and Training on asbestos in school grounds.
- Conducting due diligence on a proposed acquisition and acting on the acquisition of four major and regional shopping centres in Victoria and the ACT.
- Advising on the acquisition of broad-acre lands and the subdivision into multiple (many hundreds) residential allotments and contract preparation for transacting house and land package sales throughout Victoria.
- Acting for global property owner/developer on several major shopping centres leasing matters and acting successfully in land dispute, High Court of Australia case concerning stamp duty on transaction.
- Acting for a South Australian developer in relation to a number of purpose built government office premises in metropolitan Adelaide. The matter involved negotiations with the Australian Government Solicitor in relation to the agreement to design, construct and lease and the ongoing memorandum of lease.
- Representing a major property developer in relation to their business precinct on the site of former ABC studios at Gore Hill, in Sydney. The matter involved a sale of the partly-completed building and a delivery agreement between the purchaser and the developer. This is a complex transaction which involves the $82.7 million sale of an 'A-grade' office building (of 14,136 square metres of net lettable area) and 182 car spaces under construction.
- Acting for German investor on a major Adelaide central business district property acquisition totalling $900 million, including all legal due diligence, negotiating financing, translation documents and transfers of the properties.
- Advising on the acquisition of a $12 million industrial site at Seven Hills in New South Wales as part of a joint venture between a developer and utility provider for a commercial/industrial development, which included negotiating a joint venture agreement.
- Assisting a client to acquire significant and strategic assets from a mining company for $20m.
- Advising a client on the finalisation of negotiations and settlement of a contract by a Malaysian real estate investment trust to acquire a retirement village in South East Queensland. This also included advice on funding from a Sharia-compliant lender. This is one of the first Sharia-compliant investments in Queensland.
- Acting for syndicated property investors on all property acquisition related issues and on fundraising and regulatory requirements including obtaining Australian financial services licence.
- Acting for a client on the sale to a group of private investors for Press House, a newly developed office tower in Christchurch's CBD, leased exclusively to a media company for its Christchurch Press headquarters. This was the first office building in Christchurch's CBD to be completed following the Canterbury earthquakes. The sale was conducted off market with extreme urgency, and included putting in place a construction option in favour of the client in respect of the undeveloped parts of the site and all other properties owned by the purchaser. The sale was the culmination of a five year project, involving an initial purchase from and leaseback to the media company, major redevelopment of the site, the demolition of historic buildings following the earthquakes, and eventual sale.