LAND LAW

Executive Overview

The firm has vast experience in advising on real estate matters on behalf of owners, vendors, purchasers, lenders, developers, contractors and consultants.

We have solid experience in handling all types of work, from landlord and tenant issues, property conveyancing, and sub-divisions to complex leasing and large projects.

Experience

Nick Weston has extensive experience in representing institutional investors as well as private buyers, entrepreneurs, developers and in advising our clients in the investigation, acquisition, financing, construction, and marketing/sales phases of every type of commercial and residential project.

We have been involved in the conveyancing of numerous residential properties, office buildings, in the development of complex projects and we provide personal service whether the client is large or small. This depth of experience means that we bring a multidisciplinary view to the hidden ‘menaces to navigation’ that each new transaction may present that may not be obvious to a non-lawyer.

Methods

• Assessment of Contract of Sale of Real Estate and Section 32 disclosure documentation.
• Recommending suitable contract streams for project delivery.
• Sophisticated computerised conveyancing management system.
• Negotiation, drafting and review of tender and contract documentation.
• Advising on project issues throughout the feasibility, planning, design, construction and operational phases.
• Leases, vendor contracts, licence agreements, construction disputes and litigation.
• Timely dispute management and resolution.

Results

• Purchases and sales of property without surprises.
• Clear and practical controls and systems.
• Compliance with relevant legislation.
• Removing menaces to navigation.

BUSINESS OBJECTIVES

Construction & Developments

Watching a client’s back is at the core of what we do. We identify potential problems and cover them at the drafting stage of documentation, we take a ‘belt and braces’ approach in ensuring your interests are protected, we propose practical measures to forestall losses or further losses and recommend ways to improve systems and procedures.

Case Study: Represented a major organisation in the development of a new construction project. Included structuring of the transaction, preparation and negotiation of streamed transaction documents, construction contract, due diligence and claims analysis as well as regulatory matters.

Commercial Leases

The Firm has solid expertise in the area of commercial leasing (retail, office and industrial) and development. In addition to negotiating major lease transactions, we have created and reviewed numerous landlord and tenant leases for retail, office and industrial properties.

Case Study: Representation of landlords of inner-city Melbourne properties, in connection with the negotiation and drafting of leases or lease restructurings with various tenants. We have also represented diverse tenants in lease disputes and have handled similar work on behalf of property owners, for whom we also have handled numerous lease and lease restructuring matters involving office buildings, shopping centres, restaurants, and other properties.

Conveyancing

Our conveyancing practice is supported by online searching, and computerised case management. Clients are guided through every step and are kept well informed.

Case Study: A major bank sought to realize its security over a multi-story city fringe building to recover a problem loan. The property and car park was on several Torrens and General Law titles and were subject to leases and easements. The titles were consolidated to one, and the easements were extinguished at the same time as the litigation was conducted against the borrower.

The resulting sale of the improved property more than covered the bank’s potential loss and costs.

Public And Private Equity

On the institutional side, we have experience acting for Australian and international banks, insurance companies, investment firms, and developers seeking to structure, negotiate and document credit facilities for large real estate transactions such as portfolio transactions, stapled interest unit trusts, and unsecured corporate borrowings.

We also act in foreclosure, insolvency and related litigation.

Case Study: Representation of a major Australian bank in the restructuring of real estate loans involving diverse projects, including shopping centres, office buildings, hotels, residential projects, subdivisions, and mixed-use projects.