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Land and Property
We act in all types of property transactions, from residential conveyances to large scale property purchases and disposals, deceased estate transfers, termination of strata schemes, family law transfers and land partitions. Our services include:
Call Options and Call and Put Options – including development lodgement consents, early access, positive undertakings (maintenance) and negative undertakings (no encumbrances);
Off-the-Plan Contracts – including preparation of contracts, providing for extensions to Sunset Dates, variations to design and construction, creation and registration of consolidation and/or subdivision plans, Covenants and Restrictions on Use under ss 88B and 88E of the Conveyancing Act 1919 (NSW);
Development Finance – including loan facility agreements, mortgages and general security agreements;
Leasing – including commercial and retail such as shopping centres;
Easements – including court proceedings if an easement is necessarily for use or development of the land.
Land and Environment Court – Planning Matters
1. Residential Developments: We have represented numerous property developers in Class 1; Environment Planning and Protection Appeals – Residential Development Appeals. We have experience interpreting many development control plans and local environmental plans. We also work closely with experts across the planning spectrum, including town planners, heritage architects, urban design, acoustic engineers, landscape architects, arborists and traffic engineers. We have been involved in appeals with the following issues:
a) Heritage;
b) Floor space ratios;
c) Height restrictions;
d) Setbacks;
e) Deep soil requirements;
f) Traffic; and
g) Character.
2. Class 2 and 3 – proceedings under the Strata Schemes Development Act 2015 (NSW): We act on behalf of parties in respect of Strata Renewal Plans for a Strata Scheme. We provide advice as to the content required in a Strata Renewal Plan for a Strata Scheme and, if required, the prosecution of your rights in the Land and Environment Court seeking an order to give effect to the Strata Renewal Plan.
3. Class 4 – Judicial Review and Civil Enforcement: We act for land and business owners in respect of civil enforcement by government authorities of planning and environment laws. We have been involved in cases concerning restaurants, wedding reception venues, clubs and residential and commercial developments.
4. Class 5 – Criminal Proceedings: We act for various parties in criminal enforcement proceedings commenced by government authorities in respect of planning and environmental breaches. We have acted for parties for various offences, including pollution, contamination and illegal development.
Building and Construction Agreements
We assist financiers, developers, builders, and subcontractors with preparing, reviewing, and negotiating construction contracts and tripartite finance arrangements.
We have extensive experience reviewing and amending the Australian Standards, HIA agreements and Department of Fair Trading Agreements, including construct only and design and construct arrangements.
We ensure that agreements are tailored to your specific requirements, particularly with regards to key issues concerning the scope of works, practical completion, liquidated damages, limitation of liability clauses and payment claims.
Building and Construction Disputes
We act across the broad spectrum of disputes which arise from time to time in the Construction Industry. We assist owners, builders and subcontractors with claims concerning:
- The Building and Construction Industry Security of Payment Act 1999, including the preparation of payment claims, payment schedules, adjudication applications and responses;
- Proceedings in the NSW Civil and Administrative Tribunal (NCAT), the District Court and the NSW Supreme Court;
- Breach of contract and quantum meruit claims;
- Recovery of debt and enforcement of judgments; and
- Breach of warranties pursuant to the Home Building Act 1989.
Compulsory Acquisition
We act for property owners, tenants and business owners where a government body seeks to compulsory acquire privately owned land for a public purpose.
A government authority is required to negotiate with landowners for at least 6 months before giving a proposed acquisition notice.
In this period, we engage and obtain expert valuation and other reports (including forensic accountants and development planners) to understand the highest and best use of the land in order to maximise the compensation payable to you. We will also obtain compensation for your related costs, including:
a) legal costs,
b) valuation fees and other consultant fees,
c) relocation costs,
d) stamp duty costs,
e) financial costs in connection with the discharge of a mortgage and the execution of a new mortgage resulting from the relocation, and
f) other financial costs relating to the actual use of the land, as a direct and natural consequence of the acquisition.
In assisting clients, we prepare the best evidence regarding:
a) the market value of the land on the date of its acquisition,
b) any special value of the land to the person on the date of its acquisition,
c) any loss attributable to severance,
d) any loss attributable to disturbance,
e) the disadvantage resulting from relocation, and
f) any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land by reason of the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired.
In the event an agreement cannot be reached through negotiation, we will prepare your claims for court action in reliance upon the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and the Land Acquisition Act 1989 (Cth) to achieve the best possible outcome for you and/or your business.
