A highly respected lawyer practicing exclusively in property law, Nicola is a detail-oriented professional specialising in telecommunications, retail and commercial leasing and licensing.

Nicola is also a sought-after retail leasing lawyer exclusively managing the leasing portfolios of landlords of shopping centres and office buildings in the Melbourne CBD and the south-eastern suburbs.  Nicola takes a holistic approach with her clients allowing her to act for landlord clients on all aspects of the matter across a range of legal issues, whether it be drafting tailor-made documents to meet the landlord’s individual needs, maintaining their leasing portfolio or providing enforceability and other ad hoc advice.

As well as working with landlords of shopping centres and office buildings, negotiating their retail and commercial leasing portfolios Nicola also works with tenants and their advocates in negotiating retail and commercial leases.

In addition, Nicola regularly provides general property advice including adverse possession and restrictive covenant advice. Nicola is a regular author and thought leader on all facets of property law and is well versed in industry updates and developments.

Nicola has managed a national portfolio of high-volume telecommunications leases and advised and negotiated leases and licences for one of Australia’s largest telecommunications providers. In this capacity, Nicola worked opposite a range of stakeholders including corporate landlords, government agencies, councils, owner’s corporations, hospitals, and airports.

Nicola is the Madgwicks Meritas Young Lawyer Liaison and works with an international cohort of lawyers on initiatives fostering education and networking opportunities across the world. She is also a Co-Founder of networking group ProFresh Leading Ladies connecting like-minded professionals to share their experiences and succeed in their professional and personal lives. Nicola is actively involved in the Melbourne business community.

Key Matters

  • Acting on the national portfolio for a telecommunications carrier across various states and projects.
  • Providing niche leasing and property advice to a national telecommunications carrier and its effect on its assets.
  • Managing landlord portfolios for retail shopping centres and commercial buildings in Melbourne, inner fringe and south-eastern suburbs.
  • Drafting tailor-made precedent lease and agreement for lease documents for landlords to use for recent acquisitions and developments.
  • Acted for an unlisted fund in relation to national leasing arrangements with government entities.
  • Acted on behalf of a multinational trading company for its leasing matters.
  • Advised a charity regarding property acquisition mechanisms and options for the extinguishment of easements.
  • Advised developers in relation to covenant removal.
  • Acted on behalf of an unlisted fund in relation to the sale of a property asset ($9 million).
  • Assisted a property group in its due diligence in the acquisition of a commercial building in the eastern suburbs ($18 million).
  • Acting for landlords and tenants in relation to COVID-19 affected leases.
  • Assisted a luxury retailer in relation to its leases across various states affected by the COVID-19 pandemic.

Areas of Expertise

Recent Articles by Nicola Carnevale

Attention Landlords and Tenants: first Supreme Court case “steps out” on COVID-19 legislative scheme

The NSW Supreme Court has been the first Supreme Court in Australia to consider the implication of the National Cabinet Mandatory Code of Conduct: SME Commercial Leasing Principles during COVID-19 (Code) and the Retail and Other Commercial Leases (COVID-19) Regulation...
18 September, 2020

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

What a relief…the regulations for rent relief under commercial and retail leases affected by COVID-19 are here: a comprehensive guide for landlords and tenants navigating COVID-19

Victorian landlords and tenants have finally received the last piece in the puzzle that is the government’s framework for relief for commercial and retail tenants. First, the National Cabinet released the Mandatory Code of Conduct (Code) that outlined guiding principles...
4 May, 2020

The COVID-19 Code – what we know so far about the National Code for Commercial Tenancies

The National Cabinet has released the National Cabinet Mandatory Code of Conduct (Code) that will be applied by each of the States and Territories in their commercial and retail legislation. Over a number of press conferences, the Prime Minister has...
8 April, 2020

Attention Landlords and Tenants – a Q&A about COVID-19

With the COVID-19 pandemic and its effects (at a global, national and local level) rapidly changing on a daily basis, we have been inundated by landlords, tenant and agents asking how COVID-19 will affect them, specifically their businesses and leasing...
25 March, 2020

Against the law to claw (back)? Leasing incentives and claw back provisions in the spotlight in Victoria

In brief VCAT has recently applied a decision by the Queensland Supreme Court regarding clawback clauses which has the potential to affect how the clauses are applied in Victoria. Background When negotiating lease agreements, landlords can offer incentives to tenants...
5 February, 2020

Sign on the dotted line not online: Execution by e-signing may not be binding

A recent South Australian Supreme Court case has shined the spotlight back on the validity of e-signatures, confirming that it is better to put pen to paper rather than signing online. The rise of e-signing software and the dynamic nature...
17 November, 2019

Retail Leasing Update: Attention Landlords, be sure you have the right information brochure

The Victorian Small Business Commissioner (VSBC) has released a new information brochure for retail leases.
8 October, 2019

Not a ‘fan’ of VCAT’s recent decision, the Supreme Court of Victoria has cleared the air in relation to air-conditioners in leased premises

In brief The Supreme Court of Victoria has overruled a recent VCAT decision[1] centred around a landlord’s repair obligations for an air-conditioning unit (A/C) and whether the tenant could terminate the lease as a result of the landlord’s inaction. What you...
9 September, 2019

Madgwicks Property Insights Newsletter: May 2019

Welcome to the May edition of Property Insights! Presented by the Madgwicks Property team, this newsletter is full of recent developments in the property industry, case studies and industry news.
23 May, 2019

Think about your disclaimer – it’s a no brainer

Under the Australian Consumer Law, agents may be liable where that information is considered misleading or deceptive. Whilst disclaimers can be an effective shield against liability, they are not failsafe.
23 May, 2019