Land Development

Auslaw Partners have wide experience on large and complex development projects for developers, landowners, government authorities and corporations.

Our method to solving problems is both inventive and practical. We can provide customised real-time online reporting for your development site or property portfolio.

Our property team offers a comprehensive range of property law services for developers (listed and private companies), investors, owners, and landlords.

We also handle many complex property transactions. We provide clients with complete legal solutions that deliver results with efficiency, helping clients to maximise profits and minimise risk.

We provide trusted advice on the sale, acquisition and leasing of significant buildings, shopping centres, industrial sites and Crown land, applications to the Foreign Investment Review Board, complex subdivisions, joint venture arrangements, compulsory acquisitions and rezoning of land.

We also support clients with leasing and licensing, planning and environment, waste and sustainability and construction and infrastructure matters.

We have extensive experience in structuring the development of land by multiple parties.  Our documentation is structured to maximise profit advantages for participants in projects.

Our Property & Development team delivers outcomes that realise your property and development objectives, whether that be maximising value, minimising costs, countering real or potential risks or closing a deal quickly and efficiently.

With our deep knowledge of the Australian property environment, government clients at all three levels receive the assistance they need to help balance financial returns with probity and public interest safeguards.

The team works on a wide range of leasing transactions for both landlords and tenants across industries and property type – from corporate to retail and industrial. We are experienced in leasing and licensing of public land for commercial, recreational and community facilities.

We understand the legislative requirements of commercial and industrial leasing throughout the jurisdictions in Australia and the need for a practical, commercial, outcome-focused approach. We work with our clients to understand the bigger picture of their business or agency so that we can resolve issues quickly and seamlessly.

Our services comprise documentation of complex joint venture arrangements, project management agreements and financial arrangements.  We have a strong Western Australian focus, as well as sound capability at a national level.

Site classifications help to provide an estimate of the expected soil movement due to extreme moisture changes. This information is vital to assist in the engineering of building and foundation supports which means you need quality and timely results to get your project off to the best possible start.

Our clients include property developers, substantial property portfolio owners, government authorities and significant overseas corporate and government investors in the Australian real estate market.

Our areas of expertise: 

• • purchase and sale of all major types of property throughout Australia (for redevelopment, holding as a long-term investment or as part of trust or syndicated fund)
  • off-the-plan developments, particularly using eContracts
  • leasing for commercial and retail portfolios
  • project funding, joint ventures and project delivery arrangements
  • strata title and other forms of statutory title

We are highly regarded as experts in the following areas which are complementary to the ownership, development and maintenance of property portfolios of all asset classes:

• • construction contracts and disputes relating to them
  • town planning and government issues
  • property and real estate financing
  • project insurances
  • property litigation, advisory and dispute resolution

Auslaw Partners has a strong and dedicated property and development team that provides legal services to developers in Queensland.

We are aware that South East Queensland is one of the fastest growing regions in Australia. This will drive demand for newly constructed buildings to satisfy the growing population.

Our team provides expert legal and commercial advice in residential, commercial and industrial development’s to help our client’s achieve their project goals. We can assist you with:

Our team acts for property developers, owners, investors, landlords, project managers, contractors, consultants and government across various industries including health and aged care, agriculture, energy and resources and airports and marinas. We provide services to major corporate clients and MMEs who acquire property as part of their business operations.

Our lawyers understand the importance of a ‘deal making’ rather than ‘deal breaking’ approach and work consistently to the tight deadlines required in property and development projects to meet the needs of our clients.

Auslaw Partner’s property team works collaboratively with our commercial team in relation to revenue issues (particularly GST), joint ventures and development agreement structuring, ensuring that we provide our clients with a streamlined approach and optimum commercial outcome for their property developments.

Our major services in this area include:

• • property acquisition and sales of commercial, retail and rural properties
  • leasing of commercial and industrial real estate, as well as retail properties for large and small scale shopping centres
  • planning and development and all scheme compliance, including for master planned developments, tourism and resort developments
  • project structuring, including development agreements, joint ventures and property syndication
  • planning and environment advice and appeals
  • building and construction contract advice and documentation and dispute resolution
  • infrastructure agreements
  • commercial advice, including advice on all types of contracts and agreements
  • resumption advice and compensation recovery
  • valuation appeals
  • easements and other user rights
  • body corporate and community management advice, including scheme and documentation compliance
  • community titles schemes documentation and establishment.

We have substantial experience, expertise and a depth of industry knowledge in the urban development industry, including land, apartment, commercial, retail and mixed use developments. Our team provides a full suite service including:

• • large scale acquisitions and disposals of development sites
  • development and joint venture agreements
  • contract preparation in accordance with all legislative requirements, including ‘off the plan’ contracts and disclosure statements
  • managing titling processes including preparation of all titling documents
  • strategic advice in relation to the structuring and ongoing management of community title schemes and mixed use developments
  • streamlined contract administration and conveyancing from contract preparation to settlement

We are leaders in structuring the development of land by multiple parties.  Our experience in drafting land joint ventures and development agreements is extensive.  We have structured our documentation to achieve the maximum tax and profit advantages for participants in projects.

We act for private equity participants acquiring and developing land in Western Australia.  These acquisitions and developments relate to many iconic sites in the Perth metropolitan area.

We provide reliable, expert advice on all aspects of property development:

• • buying and selling residential, commercial, educational, retail, industrial and hotel properties, whether by option, off the plan or otherwise
  • retail, shopping centre, office, industrial and government agency leases
  • strata, neighbourhood and community title
  • planning, heritage and native title
  • contaminated land, pollution and waste management
  • compliance with planning approvals
  • development agreements between landowners/developers and builders
  • development agreements with put and call options
  • climate change and sustainability
  • major projects and essential infrastructure (eg ports, hospitals, energy, water)
  • tendering
  • public-private partnerships, joint ventures and other types of project delivery or management agreements
  • foreign investment
  • compulsory acquisition, valuation and compensation
  • stamp duty and GST laws
  • insurance and risk management
  • sharing of expenses and rights between adjoining properties
  • advice on property trust matters
  • property funds, debt and equity financing and supporting securities
  • land subdivision
  • right of way, restrictions on use and other property covenants
  • retirement and aged care
  • home building regulation
  • development-related mediation and court proceedings

Auslaw Partners assist large and small developers with all aspects of their legal needs throughout Queensland.

Recent matters include –

• • Acting in the acquisition and subsequent sale to a listed developer of a 600 lot subdivision
  • Acting in the acquisition, subdivision and sale developments of 4, 36, 48 and 72 lots
  • Assisting smaller cottage developers with establishing community titles schemes, management rights agreements and sales of resulting lots
  • Advising on option deeds for the conditional acquisition of property subject to development approval or subdivision
  • Assisting with the acquisition of land from Council, joint venture agreement, development and leasing of multi-story, mixed used developments
  • Advising on commercial structures, GST and other state and commonwealth taxes associated with developments

We are agile and thorough in the conduct of property development and can assist you to identify and address issues that may delay the successful finalisation of the development.  We are recognised within Logan and South East Queensland a being able to holistically assist developers with their legal requirements.

We have extensive experience acting for developers of land subdivisions. It is important to ensure that you comply with the disclosure requirements of the Body Corporate and Community Management Act and Land Sales Act and your sales contracts are both user friendly and protect your interests as a developer. We will ensure that you are so protected, assist you in satisfying your financier’s requirements and manage all settlements once the development conditions are satisfied.

We are experienced commerical and property lawyers, and we have extensive experience acting for developers of community title projects, from the simplest of duplexes in two lot schemes, to residential towers with ground floor commercial, to the most complex multi-layered schemes built over multiple stages. We can also advise developers in establishing management rights to be sold off the plan with the residential lots.

Disclaimer: the materials presented on this website are distributed by Auslaw Partners as an information source only. Auslaw Partners make no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information contained in this publication. Despite our best efforts, Auslaw Partners makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Auslaw Partners disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.