Our Property team provides advice to a wide range of clients who rely on us to assist them with the acquisition, development and transfer of property.

Building close working relationships with our clients means we develop an understanding of their interests and strive to remove the frustrations associated with complex property transactions.

Our property clients include property trusts, retail chains, retirement village and aged care facility owners and operators, caravan park owners and operators, energy companies, residential and commercial property developers, hotel proprietors, not-for-profit organisations, agribusiness and general commercial and industrial property clients.

Our Property team is nationally recognised for their excellence and works collaboratively with the firm’s commercial lawyers in joint venture agreements and other structures for commercial property developments and syndications, and its litigation lawyers for property disputes.

Our services in the property space include:

  • Acquisition and sale of major commercial properties including shopping centres, office buildings, industrial property, retirement villages, aged care facilities, hotels and serviced apartment complexes
  • Commercial leasing including Retail Tenancies
  • Agreements to lease for purpose built buildings, sale and leaseback arrangements
  • Property development and subdivisions
  • Financing and securities
  • Property trusts and syndications
  • Managed investment schemes
  • Planning and environmental issues
  • Property and construction litigation
  • Construction contracts
  • Property tax advice including GST
  • Management rights

Leasing

Revenue determines all else

For most of our tenant clients who have leasing arrangements, their leasing expenditure forms a significant slice of the expense row on their P&L. For many tenants, their rent is inextricably linked with the income their business generates.

It would be great, if landlords and tenants could just sign a leasing contract it for next 5, 10 or however many years and be done with it. But unfortunately, it can be more complex than that – and disputes are rife between both parties.

The Madgwicks Property Team can assist with standard commercial leasing transactions, as well as handling subleasing agreements, licenses and other types of documentations that relate to retail, office, industrial and the specialist residential and hospitality sectors.

We can also advise on and provide alternative dispute resolution services to lessor and lessees – and help terminate a lease should a party default or fail to meet their obligations.

Given the traditionally long duration of commercial leases, issues are bound to rise from time to time. This can be dependent on changing market conditions – from both the landlord and tenant sides. You can contact our team to find out more about how we can assist. And you can also read about our leasing experience specific to the telecommunications industry here.

Property Transactions

You’ll get what you negotiate

Property transactions take place every day around Australia. But large-scale property transactions require additional care. There are large sums of money at stake and the implications for getting things negotiated with favourable terms can play a huge impact on your future wealth and earnings. Our team can handle contract negotiations of both freehold and leasehold titles.

We help buyers and sellers on strategic and contractual issues relating to property acquisitions and disposals. Our expertise includes advising on structures (including syndicates, joint ventures and managed investment schemes), financing, due diligence, taxation issues including GST, CGT and stamp duty, and the tendering and procurement process. We’re supported by our Disputes and Insolvency teams who can assist when things deviate from the plan.

We also have the ability to provide conveyancing at volume for large-scale developments. Our property team includes law clerks that are experienced at handling large volume settlements and discharge settlements.

Transactions get complicated very quickly. And the last thing you want is a delay or to make a mess of negotiations because you didn’t have the right advisor. Our team has experience working with financiers, investors, developers and builders on property transaction matters. Contact us today to and see what we can negotiate for your next property transaction.

Our Experts

Thought Leadership & Past Experiences

Watch this space: changes to the Retail Leases Act (Vic) coming soon

The Retail Leases Amendment Bill 2019 (Vic) (Bill) is one step closer to coming into effect and has passed through the Lower House of the Victorian Parliament. The Bill must pass through the Upper House before becoming law so in...
12 August, 2020

Changes to FIRB thresholds – impact on commercial leases

Effective from the 29 March 2020, new measures have been introduced by the Federal Government to reduce the monetary threshold for foreign investments requiring Foreign Investment Review Board (FIRB) approval to $0. It is not well-known that the class of...
17 July, 2020

Valuer and Retail Leases Update – COVID-19 Leasing Regulations Update

The COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (the Regulations) have been in force for a week now. One question that is arising from landlords and tenants, is what information a tenant should provide to a landlord...
8 May, 2020