Commercial Property Sales, Leasing and Contaminated Sites

We act for many property developers and advise across the range of issues involved in sourcing, developing and selling commercial, residential and mixed use property developments.

We have extensive experience advising on property leasing matters for large industrial, office and shopping developments, including lease preparation and lease disputes. 

Our clients include landlords, tenants, real estate agents, property developers and buyers. We have extensive experience in the Perth and Geraldton property markets, and have strong relationships with major leasing agents in both markets.

We act as town agents in Western Australia for various interstate law firms.

Our expertise in this area includes:

  • Advising on sale and purchase of retail, commercial and industrial buildings and properties
  • Advising in relation to “off the plan” sales
  • Preparing property development and syndicate agreements
  • Preparing property management agreements
  • Drafting and reviewing offers to lease and lease agreements (including retail, commercial and industrial properties), including negotiating fixtures and fit-out terms and dealing with caveats and liquor licensing issues
  • Preparing deeds of assignment and variation of leases
  • Advising on termination of leases, make good obligations and lease disputes
  • Advising on the Commercial Tenancy (Retail Shops) Agreements Act, Property Law Act, Transfer of Land Act and other relevant legislation
  • Advising in relation to structuring of property investments, including establishment and administration of property trusts
  • Advising in relation to strata issues

Contaminated Sites 

We have extensive experience advising in relation to contaminated site issues.

We are routinely involved in matters relating to the leasing, sale and purchase of businesses, companies and commercial and residential properties. As part of these transactions, we are often required to advise clients in relation to contaminated sites issues.

Our expertise in this area includes:

  • Searching the Contaminated Sites Register to identify potential contamination
  • Advising clients in relation to their remediation obligations under the Contaminated Sites Act 2003
  • Advising owners and occupiers of land in relation to pollutants and contaminants that have emanated from adjacent properties
  • Advising landlords and tenants in relation to who has responsibility for remediating contamination
  • Drafting special conditions, warranties and indemnities for commercial contracts in relation to contamination
  • Drafting land owner’s disclosure forms required under section 68 of the Contaminated Sites Act 2003 (WA)
  • Advising clients and liaising with the Department of Water and Environmental Regulation in relation to compliance with the Contaminated Sites Act 2003 (WA)
  • Litigation involving contaminated sites, pollution and environmental liabilities

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