Protecting your biggest investment.
In those times, it’s more important than ever to be thinking clear and get easy to understand advice.
You might be in dispute with a landlord or tenant. Rent may be owed which is unpaid. Eviction is imminent or has been threatened.
Multi-residential apartment complexes can be ripe for a dispute because of the number of people who live there and the fact that people don’t always get along.
Perhaps the local council is suggesting you are conducting business in breach of the local planning scheme. Or maybe there’s a material change of use development application which is on foot and has the potential or will likely impact your property or business.
A caveat has been wrongly lodged by a creditor on the title to your land to secure payment of monies they think you owe to them.
In each of the above examples, different pieces of legislation apply. It’s an understatement to say the area of property law is complex. Navigating the laws is challenging.
That’s when you need to call a real estate lawyer.
Commercial property conveyancing
The conveyance of a commercial property can be complicated. Many issues must be effectively navigated to ensure the acquisition or disposal of commercial real estate is successful. Our experience covers all aspects of property transactions, including commercial property sales and purchases, commercial leasing, mortgages, securities and joint ventures.
Residential property conveyancing
Our experience conveyancing team knows the ins and the outs of conveyancing so buying or selling a home with us is a breeze. Our team can assist you from beginning to end with preparing and meeting the terms of the contract, undertaking thorough property searches, completing the settlement and registering the documents to transfer the legal title.
Entering into a commercial lease can be daunting, for both landlords and tenants, and it is critical that all parties understand their rights and obligations in order to protect their respective assets, being the property, any equipment and the business.
Whether you’re a developer who needs help with titling and registration of body corporate schemes or if you’re buying, selling or leasing body corporate managed property our team can guide you through every step of the transaction or assist with any disputes that arise.
Hospitality, liquor and gaming
Knowing where you stand as the operator of a hospitality or tourism business is vital. Our team has an up-to-date knowledge of the relevant laws and can advise you on the various aspects relating to the industry.
Rights and obligations under an easement run with the land. Its important to ensure that the terms and conditions consider future owners and do not impact your property’s value. Negotiating the acquisition of an easement can be a challenging process. We make it simple. Our team has extensive experience in this area of law and possess an ability to quickly deliver reliable outcomes for our clients.
Loans and securities
Mortgages; loans; guarantees; charges; and other securities documentation. We can draft and review them all for you.
A caveat over land prevents any further dealings taking place in relation to the land. It warns potential purchasers that someone else is claiming an interest in the property. Before lodging a caveat, it is important to ensure you have a caveatable interest on the land. We can provide advice about your interests and assist with registration.
Joint tenancy severance
Joint tenancy to a property can be severed. Whether its because you no longer want to share your rights equally with the co-owner, disputing over the property or for some other reason, we can assist by providing your options.
Commercial and residential leasing disputes
Have you received or want to issue a notice to remedy breach of covenant? If a landlord is seeking to lock you out, perhaps a relief against forfeiture order is required. These are only some of the issues that can arise in the event of a lease dispute. We assist both landlords and tenants.
Body corporate disputes
There’s a myriad of laws governing by-laws, conduct of meetings, financial management and other areas. We have extensive experience in disputes before QCAT and adjudications before the Body Corporate and Community Management Commissioner, and appeals therefrom.
Town planning matters
The Planning and Environment Court is a specialised forum which we are familiar with. The court deals with a wide range of matters including planning and development, appeals against development application decisions or conditions, enforcement notices, heritage and transport infrastructure.
Lodging a caveat is not par for the course. One must have a ‘caveatable interest’ sufficient to support the caveat. A caveat, wrongly lodged, can be removed by order of the Supreme Court. If you have lodged a caveat, you may need to file proceedings in the court to support it within a limited timeframe. We can help.
Generally speaking, an easement gives one a right of way over the subject land or part of it but they do not give rise to a right of possession. Not all easements are alike however. Call us for advice on the associated rights and responsibilities.
These include things like caveats and easements mentioned above. Disputes between co-owners of land can get nasty, especially if it involves family members. If there is an issue about ownership of the land, it’s best to get some early advice.