Contacts
Deputy General Counsel and Property Practice Leader Commercial
AGS has unrivalled expertise in handling property projects that are unique to the Commonwealth. Activity by the Commonwealth in the property space can bring with it issues that are founded in the unique operations of government and the regulatory and policy framework. We have an unparalleled understanding of, experience and expertise in this context. This, when combined with our commercial acumen and industry understanding, places us in the best position to support agencies in the delivery of their projects.
Our breadth and depth of experience means we have a highly developed ability to strike the right balance between commercial drivers, regulations and policy. We help our clients navigate the potential tension between the commercial imperatives of a project and regulatory requirements, to achieve the project aims, within time and within budget.
We bring our expertise of working across the whole of government which means we have visibility into best processes and outcomes across the Commonwealth and can leverage that understanding to support you in the delivery of your projects.
Unlike any other law firm, we exist to serve the needs of the Commonwealth and so we bring to all our projects the singular goal of protecting the interests of the Commonwealth. We bring knowledge of law, policy and practice to our interactions with and advice to clients.
AGS has unrivalled corporate memory around Commonwealth property issues and is never conflicted against the best interests of government. Our learnings and our cultural alignment with government add direct value to your agency's property matters.
We have handled complex compulsory acquisition matters for iconic infrastructure projects and regularly advise the Commonwealth on compulsory acquisitions, native title, heritage and environmental issues, easements, covenants, land use agreements, and security of purposes mechanisms. AGS has worked extensively with Commonwealth agencies on a range of complex disposal and acquisition matters, including the Second Sydney Airport project.
AGS lawyers have also been involved in a number of large-scale greenfield projects, including assisting with the purchase, development and sale of sites for a wide range of clients, such as Defence, Environment and Infrastructure.
That we work in all Australian jurisdictions means we are aware of State laws that can impact your acquisition, and also the likely community response and media interest in your project. By ensuring we work with you to understand these issues and develop strategies to mitigate any potential negatives, we can protect your reputation throughout the process while still achieving your objectives.
AGS can, of course, seamlessly provide authoritative constitutional advice on your property matter where necessary. We advise on complex interactions between State and Territory and Commonwealth laws as they arise. The interplay of these laws is often a key feature of agency property projects. AGS's expertise is second to none having advised on the interplay between constitutional law, Commonwealth law and local laws for over 100 years.
We are the experts in all matters around native title, having represented the Commonwealth in virtually all contentious matters since 1993. AGS has on-the-ground, local experience in achieving resolution around native title issues (including advising and negotiating Indigenous Land Use Agreements), as well as land rights legislation. Our extensive experience in auditing and managing related risk across multiple agencies means best practice across the whole of government is built into our advice.
AGS strategically manages whole-of-life property requirements for the Commonwealth across all jurisdictions. Our experience and approach ensures that you receive top-quality legal advice and assistance from a trusted partner.
AGS's combination of commercial experience and perspective as a government entity and the central legal provider to Government is unique. It means we understand and can assist you to balance the requirements of the regulatory and policy framework relating to the acquisition, management and disposal of your property interests with the commercial context and drivers of the property market.
Providing exceptional service to government is not part of our business. It is core to what we do, every day. Government is our business.
Critically, we will only act for government. We will never be conflicted. Your best long and short-term interests will always align with ours. We are proactive, strategic and realistic.
Our whole-of-government knowledge underpins our delivery of operational results and ability to achieve genuine value for our clients.
There is no one better placed to manage your legal risk. Whatever the scope or volume, our strategic understanding of over-arching Commonwealth legal and policy requirements, combined with granular knowledge of local jurisdictional issues, will add value and efficiency to all your property transactions.
It's important that you get the right advice to meet your project objectives. We have excellent relationships and are experienced in negotiating with industry bodies, all major commercial landlords, developers and financiers in the market – we know their approaches, their documents and how best to manage a negotiation with them, based on real knowledge and experience.
We will proactively provide you with commercially strategic insights across all markets to help inform and shape the best possible outcomes.
We will work collaboratively with you to deliver practical commercial outcomes.
Our large dedicated property team understands the legal and financial options, the market trends and risks, the best operational, legal and financial structures, and the interplay with the regulatory environment for a deal.
In volume accommodation acquisitions, the imperatives are often cost and rapid turnaround. Our clients benefit from our vast experience in roll-out programs.
We have developed a range of sophisticated portfolio management support tools, documents, systems and strategies that enable us to handle high-volume accommodation acquisitions and other property transactions efficiently, cost-effectively and quickly, delivering value through streamlined processes.
We have unparalleled expertise in supporting government in the rationalisation of agency portfolios. We supported Finance in the development of the Lease Divestment Handbook and associated templates. We have acted for Commonwealth entitles in the assignment, sub-lease or partial surrender of space, bringing to those deals a practical, commercial perspective balanced with an eye for regulatory compliance.
Our experience
We are highly experienced in strategic planning and support our clients with a comprehensive service on development, acquisition and divestment projects, covering the full spectrum of issues through:
- early planning phases, including the assessment of options and models for achieving the preferred outcome
- contracts and other document development
- legal and process advice throughout the activity
- negotiations and contract settlement
- ongoing contract management advice.
We support you with through-life property services on issues such as:
- rent reviews, valuations and lease-end obligations
- outgoings and indemnities
- permitted use and disclosure statements
- work health and safety
- default and termination, eviction and re-entry
- environmental, heritage and planning laws
- damage and destruction
- options and assignments
- breach-of-occupancy arrangements
- dispute resolution.
We act, and have acted, for many Commonwealth entities in supporting their maintenance, renovation, fit-out, and construction projects.
We often provide advice on the applicability of Commonwealth policies and procedures, including the Commonwealth Procurement Rules and the Building Code 2016. You benefit from our experience in acting in disposals and divestments of land for a range of clients, meaning that we understand and can anticipate the issues that arise when selling or divesting property for the Commonwealth. We are across the Commonwealth and jurisdictional legislative requirements and documentation, and we are knowledgeable and experienced in using the electronic platform PEXA in those jurisdictions where its use is mandatory.
Dispute resolution and litigation
AGS has unrivalled experience and corporate memory in resolving contentious property issues for the Commonwealth. Our understanding and cultural alignment with government means we can guide agencies through the aspects of property litigation unique to the Commonwealth.
Our connections and access across the whole of government mean we are able to obtain the right information, after asking the right questions, to strategically resolve matters in a manner that is robustly defensible, and accords with government tolerances. We are never culturally or commercially conflicted when acting in the best long-term interests of government.
AGS handles the most complex Commonwealth property disputes with an unrivalled history of successfully managing land acquisition matters.
Our work across agencies means we can manage claims where multiple stakeholders might be involved and identify any whole-of-government issues where they arise. We have expertise in every jurisdiction. Whatever your contentious property matter, we can assemble the right team on the ground. This is particularly important to our clients where culturally sensitive, local experience is required to best resolve a matter.
As experts in alternative dispute resolution, we will always advise on the best way to avoid costly litigation where possible. Our aim is always to work in the best interests of the Commonwealth. We will never be commercially enticed to pursue litigation where there is a more expeditious outcome available.
AGS is uniquely skilled in handling the challenges unique to government litigation. Clients benefit from our unrivalled opinions database. In matters involving large claim groups, we have outstanding document management and analysis capabilities. We have the national resources and local capability to appropriately scale our response to your contentious matter in the most cost-effective manner.