Property
Australia’s property market has been a backbone of our firm since the 1840s and we strive to consistently fulfil our market leading reputation by providing high-quality legal advice.
Practice lead: Tim Kelly
We can help with:
Buying or selling, managing or developing; when you are involved with large-scale commercial, industrial or residential property, you have to manage multiple stakeholders and at the same time be confident you are making the right decisions. Private developers also need the same confidence.
Rigby Cooke has the experience to effectively manage all the legal aspects of your property transactions and development. We provide strategic and commercially-driven legal solutions to major commercial and residential property developers, REITs, private clients and advisers throughout Australia and internationally,
We have a solid understanding of the requirements of all stakeholders in the process, including financiers, and understand the unique contractual needs of all stages of multi-lot subdivisions and high density development.
For developer clients who are selling a number of properties, we can also offer a proprietary tool, InFlo, which allows you to track the status of your transaction in real time.
Sales and purchases
When buying or selling a residential, commercial, industrial or investment property, there are special issues that need to be considered.
For example, there are financial issues such as GST implications; physical issues such as potential site contamination; compliance such as liquor and gaming licensing; and process aspects related to gaining approval for changes to the use of the property.
We understand the importance of expediency, accuracy and detail when buying or selling property.
What sets us apart is our experience working with clients across a wide range of sectors, including high rise projects, shopping centres, greenfield subdivisions, mixed use developments, industrial parks, hotels and accommodation parks, hospitality venues and sporting facilities.
We can help you with:
- due diligence
- transactions of vacant land, commercial real estate, industrial parks, greenfield developments, off-the-plan and mixed-use developments
- transactions through auction, tenders and private treaty
- tax advice including land tax, stamp duty, GST and Growth Area Infrastructure Contribution
- private residential, commercial or investment dealings
Development
Rigby Cooke’s experience with property development means we can help streamline the whole conveyancing process from the initial documentation, through to the registration of the plan of subdivision and notification to purchasers of their impending settlement, to the ultimate settlement.
We can help you deal with project financiers and joint venture parties, advise on planning permits and appeal permit conditions if required, and draft Section 173 agreements.
Our experts can also provide support for procurement for the development project and advise on agreements with contractors.
Joint ventures and partnerships
If you are entering into a partnership to purchase or develop property, we will ensure your interests are represented when entering into agreements with other parties.
We can help you with:
- implementing the right structure to achieve your goals
- negotiating agreements between owners
- agreement documentation
- if issues arise, dispute resolution including litigation and mediation
Capital raising and debt financing
Rigby Cooke can assist you at the early stages of your property purchase or development on matters of capital raising, debt financing, structuring of funds and asset protection, to ensure your business and personal financial matters are kept separate. This allows you to focus on taking your business forward with the appropriate levels of risk.
We act for lenders and borrowers in large scale projects and acquisitions, which can include the negotiations of senior and mezzanine debt facilities.
We can help you with:
- negotiating loan agreements and securities documentation
- mortgage of leasehold or freehold land
- company charges
- solicitors’ certificates
- manner of ownership
- trust arrangements
Off-the-plan conveyancing, sales contracts and settlements
We have an in-house team of dedicated clerks who are highly skilled in off-the-plan sales and settlement processes, including the PEXA process.
Their experience ranges from small, boutique developments with apartment prices exceeding $6 million, to more traditional off-the-plan apartment sales in multi-level subdivisions, where our capabilities allow us to comfortably settle in excess of 50-60 lots per day.
We utilise proprietary software-enabled sales reporting and access to virtual data rooms, which allows you to track your development’s sales status in real-time.
Management agreements and leases
Rigby Cooke makes sure your interests are protected and that any lease or management agreement you enter into balances the right mix of risk allocation and flexibility to match your business needs.
We can help you with:
- preparing and negotiating complex agreements to lease, leases and supporting documents
- renewal of lease and rent reviews
- transfers of leases, surrender of leases and “make good” issues
- releases for outgoing tenants and guarantors
- asset management
