Commercial Property

Services and Expertise

Cornwall Stodart's Commercial Property team has a strong background in providing comprehensive legal services to the property sector, particularly through our development, leasing, property syndication and transaction expertise.

We are committed to providing our clients with a commercially focused service. Our expertise covers the acquisition and disposal of retail, commercial and industrial properties, as well as the development of commercial and residential properties, including retail shopping centres, multi level residential projects, bulky goods retail centres, resorts, hotels and business parks. We have particular knowledge of the due diligence required in these matters and the commercial imperatives our clients wish to achieve.

Our team advises a wide range of commercial clients, including national and international public and private retailers, developers, funds, banks, hoteliers and investors. Through our experience, knowledge and contacts in both the Sydney and Melbourne property sectors, we also identify opportunities for our clients.

We are members of the Urban Development Institute of Australia, the Property Council of Australia and the Bulky Goods Retail Association, with which we are actively involved.

We offer a national service and can advise clients on issues arising in jurisdictions other than Victoria.

Areas of Legal Expertise

Our clients include high net worth individuals and family groups, national and international corporations, investors, developers, contractors, landlords, tenants and financiers. Our expertise includes:

• the acquisition and disposal of retail, commercial and industrial properties, including hotels and resorts, and shopping and bulky goods retail centres
• the development of commercial and residential properties, including retail shopping centres, multi level residential projects, bulky goods retail centres, hotels and resorts and business parks
• commercial and retail leasing in all Australian states, in particular shopping centres and bulky goods retail centres, including national public and private retailers as anchor tenants
• advising on and negotiating major commercial and retail building construction contracts
• negotiating joint venture agreements
• negotiating hotel and resort management agreements with major hotel and resort operators
• identifying options to better structure the sale and purchase of commercial, industrial and rural property
• advising on financial transactions, including loan agreements, mortgages and collateral securities
• providing property related indirect taxation advice
• advising on issues related to planning law and environmental law
• advising on FIRB issues and procuring FIRB approval
• due diligence services for major property disposals and acquisitions; in particular shopping centres, bulky goods retail centres, commercial properties and hotels and resorts

• interpreting and enforcing contractual rights and obligations, including leases, contracts for sale and option contracts.

Additional Services

As well as legal services, we offer various complementary services including:

• Our Head of Commercial Property is available by mobile phone at all hours.
• We attend our clients' business premises to become acquainted with their internal work practices and, as such, will attend our clients' premises for instructions and meetings as required.

• We provide seminars and learning sessions to our shopping centre or bulky goods centre landlords and property managers and multi tenancy retailers on legal practice and transactional issues to be adopted for better management purposes.

Team Strength

Our Commercial Property team of nine lawyers has over 180 years' legal experience between them. We have a complementary range of experience and skills that covers all aspects of property transactions, including advising on commercial and financial imperatives.

Experience

Our Commercial Property team has acted in the full range of residential, industrial, commercial and rural property matters for both the private and public sector. Recent highlights of our work include:

• advising on the acquisition of a $50 million industrial site in western Sydney, as well as its subsequent subdivision and sale, including advice on contamination issues
• advising on the acquisition of a $25 million site for the development of a shopping centre, cinema, hotel and residential units
• advising on the acquisition of a $12 million industrial site at Seven Hills as part of a joint venture between a developer and utility provider (Integral Energy) for a commercial/industrial development, which included negotiating a joint venture agreement
• advising lessors on: a 20 year lease of substantial industrial premises in western Sydney to a major US car parts manufacturer; a 15 year lease of major manufacturing premises in western Sydney to a steel components producer; and a 20 year lease of a large warehouse and office facility in north-west Sydney to an international pharmaceutical company
• advising on the acquisition of large areas of land on the north coast of NSW on behalf of the NSW Department of Infrastructure, Planning and Natural Resources for dedication as a national park
• advising the NSW Department of Infrastructure, Planning and Natural Resources on a conflict between terms in the Manly Local Environment Plan and a restrictive covenant regarding land at Seaforth
• advising the NSW Department of Education and Training on asbestos in school grounds
• conducting due diligence on a proposed acquisition and acting on the acquisition of four major and regional shopping centres in Victoria and the ACT since January 2009
• advising on the acquisition of broad-acre lands and the subdivision into multiple (many hundreds) residential allotments and contract preparation for transacting house and land package sales throughout Victoria
• advising and preparing contracts and documents in relation to a multi level residential apartment complex.