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PROPERTY AND LEASING

With strengths in: building and construction issues, buying and selling property, commercial property, Australian Government tenancies and leases, Australian Government energy policy and green lease requirements, licences and other land use agreements, planning issues, property management and use, and valuations.

Government organisations in today’s environment have a wide range of property interests and needs. AGS brings to our clients the depth and strength of specialist property expertise needed in this environment. We provide a proactive, flexible and commercially aware legal service that forms a key part of helping agencies achieve their operational and financial objectives.

We have a comprehensive understanding of relevant laws and practices applicable to property law in all jurisdictions. Our national property network consists of specialist property lawyers who are fully in touch with market developments and trends. Of particular importance to our clients is our special understanding of the policy base that underpins many government-related transactions.

Our primary aim is to meet your particular business needs with a service that is of the highest quality, is commercially realistic, provides individually tailored legal solutions rather than a one-size-fits-all approach, explores new and innovative options, and is cost-effective.

We are committed to providing practical solutions that take account of our clients’ particular needs in both the commercial marketplace and the government context. We will help you not only in the processing of property transactions, but also with strategic guidance and effective planning for each project or transaction.

Our services include:

Property development, management, acquisition and disposal

Includes the purchase and sale of land, due diligence, tendering, subdivision, planning, land excision, land use and control mechanisms, environmental law, heritage law, native title, easements, covenants and charges.

Leases, licences and occupation of land

Includes leases, licences, assignments, surrenders, access agreements, short-term hire agreements, advice on and assistance in rent reviews, valuations, outgoings, reinstatement and make-good obligations, permitted usage, occupational health and safety, environmental law, option agreements, telecommunications facility arrangements, retail tenancies, disclosure statements, residential tenancies, advice on breach of occupancy arrangements, notices of default and termination, eviction and re-entry, advice on damage and destruction, remedies under occupancy agreements and dispute resolution.

Energy policy and green lease schedules

AGS has worked in conjunction with the Department of the Environment and Heritage through the development phase for the Energy Efficiency in Government Operations Policy. We have developed the suite of Green Lease Schedules and the Guidance Notes for the Department to support the policy objectives. The Green Lease Schedules suite and Guidance Notes are available here on the Department’s website. AGS is working with our clients to assist them in meeting their policy obligations and we offer our clients a unique insight into the use of the Green Lease Schedules.

Property management services

Includes tendering and contracts, and consultancies for appointment of property agents/managers, architects, project managers and other consultants, auditing of services provided by external consultants and agents, cleaning contracts, property maintenance and service contracts, utilities contracts, security services, and arrangements for promotional activities.

Construction and fit-out law

Includes building contracts, fit-out contracts, agreements to lease, tendering, project management, debt financing structures, appointment of consultants, permits and dispute resolution.

Securities

Includes mortgages, charges, caveats, deeds, advice on remedies, mortgagee and trustee sales, and drafting of notices and advice on property law mechanisms available to achieve desired outcomes.

Other property-related commercial law issues

Includes application of state and territory laws, indemnities and releases, trade practices and fair trading, trust law, company law, partnership law, business names, insolvency issues, clarification of title issues, conversion of land, requests for tender, conditions of tendering, due diligence, probity advice and auditing, tender evaluation, scope of statutory powers, and assistance in strategic and policy issues.

Document development

We have developed a wide array of leasing and licensing documentation. This includes the well-recognised and respected tenant’s lease, the Commonwealth National Lease. Our leasing suite includes documents to facilitate the acquisition, by tender or private treaty, of commercial lease accommodation that is to be designed and constructed by a developer prior to lease. We have also prepared individually tailored document suites for many of our clients.

See the AGS Fact Sheet: Lands Acquisition Act 1989, Commercial notes No. 16 10 June 2005, Commercial notes No. 17 ‘Fitout and make-good issues’ 5 October 2005.

Canberra Sydney
Terry de Martin   Mark Sheridan  

Terry De Martin
T 02 6253 7093 | F 02 6253 7310

Mark Sheridan
T 02 9581 7569 | F 02 9581 7445

Melbourne Brisbane
Teresa Miraglia   Peter Blennerhassett  

Teresa Miraglia
T 03 9242 1493 | F 03 9242 1481

Peter Blennerhassett
T 07 3360 5767 | F 07 3360 5797

Perth Adelaide
Lee-Sai Choo   Dusan Uglesic  

Lee-Sai Choo
T 08 9268 1137 | F 08 9268 1771

Dusan Uglesic
T 08 8205 4298 | F 08 8205 4499

Darwin Hobart
Thuy Luu-Nguyen   Peter Bowen  

Thuy Luu-Nguyen
T 08 8205 4228 | F 08 8205 4499

Peter Bowen
T 03 6210 2104 | F 03 6210 2110

 

National contacts

Josephine Ziino

Josephine Ziino
T 03 9242 1312
F 03 9242 1481

Mark Sheridan

Mark Sheridan
T 02 9581 7569
F 02 9581 7445

Canberra
Sydney
Melbourne
Brisbane
Perth
Adelaide
Darwin
Hobart

 

© Australian Government Solicitor

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