Real estate and projects

We specialise in managing complex projects and real estate matters – from acquisition and development, to leasing and disposal.

Real Estate & Projects

Lander & Rogers expands Construction & Infrastructure offering with the appointment of new partner Michael O'Callaghan

Leading national law firm Lander & Rogers is pleased to announce that Michael O’Callaghan will join its Real Estate and Projects practice group as a partner, on 13 January 2025. Michael brings a wealth of experience in construction, engineering, resources, and infrastructure projects, strengthening the firm’s capabilities in these critical sectors.

Having faith in good faith

Over the last month landlords and tenants have been grappling with their responses to the impact of COVID-19 on tenants' financial obligations under leases.

Deal highlights - Capital transactions 2020/21

Lander & Rogers' market-leading real estate capital transactions team advises on some of the largest and most complex property transactions in Australia.

Victorian landowner obligations overhauled in new environmental legislation

Effective from 1 July 2021, businesses that operate in Victoria will be subject to tougher environmental standards under the state's new Environment Protection Amendment Act (2018) (EPAA).

Congratulations to our Rising Stars 2020

We are delighted to announce that two of our young lawyers have been selected for the Australasian Lawyer Rising Stars List 2020. Congratulations to Dean Balassis and Simon Merritt on the stellar achievement.

Margins, markets and moderation: why the economic playbook is changing

NAB’s Chief Economist, Sally Auld, shared her optimism about Australia’s medium-term economic outlook with an audience of Lander & Rogers' people, clients, and colleagues.

Market rent determinations might be "final and binding", but are they valid?

Rent determination clauses are often drafted to include a standard set of criteria that a valuer should consider when determining what the market rent should be after a market rent review under a lease.

NSW energy in for a wind change: Thunderbolt wind farm in New England REZ wins approval

On 8 May 2024 the Independent Planning Commission granted development consent for the 192MW, $373 million Thunderbolt Wind Farm in the New England Renewable Energy Zone, subject to conditions.

Landmark reform to abolish stamp duty on commercial and industrial property

The Victorian State Government has announced plans to abolish stamp duty and transition to a new annual property tax system for commercial and industrial property from 1 July 2024.

Lander & Rogers bolsters Environment & Planning offering with new partner Tom White

Firm appoints new partner Tom White to establish an Environment & Planning team providing specialist advice as part of its market-leading Real Estate & Projects and Infrastructure teams.

Goldmate v TfNSW - a further consideration of the "public purpose"

On 19 April 2024, Justice Duggan of the Land and Environment Court handed down the long-anticipated judgment in Goldmate Property Luddenham No. 1 Pty Ltd v Transport for NSW [2024] NSWLEC 39.

Lander & Rogers advises ARTC on landmark Pimba Intermodal Terminal project

Lander & Rogers has advised Australian Rail Track Corporation (ARTC) on the key land and ancillary agreements that unlock the development of the Pimba Intermodal Terminal in South Australia - a key component of one of Australia’s largest-ever road-to-rail freight conversion projects.

Lander & Rogers bolsters Real Estate offering with new partner Natasha Hood

Firm appoints new partner Natasha Hood to strengthen its national Real Estate & Projects team in Brisbane, responding to the expanding demand from clients for market-leading commercial and retail real estate expertise in the Queensland market in particular.

Let's hibernate and preserve: An insight into the mandatory code for commercial tenancies

This afternoon, National Cabinet has provided further detail on mandatory rent relief for commercial tenancies.

Case study: Complex solution development incorporating document automation

Lander & Rogers was instructed by a ASX100 listed development and construction company to streamline and automate its Professional Services Agreement (PSA) contract creation and execution process.

Are you taking reasonable steps to verify identity?

In the recent decision of C & F Nominees Mortgage Securities Ltd v Karbotli & Ors [2020] VCC 987, the Court held that a mortgagee failed to take 'reasonable steps' to verify the identity of the mortgagor under s 87A(1) of the Transfer of Land Act 1958 (Vic) (s 87A) by relying on a solicitor's certificate.

Lander & Rogers appoints former general counsel, Tim McDonald, to lead construction focus

Lander & Rogers this week announced the appointment of new partner Tim McDonald, in response to increasing demand for legal expertise from Australia's growing construction and infrastructure sectors.

2017 Retail Reflections

There is no doubt that 2017 has been a tough year for retailers, with sales remaining flat and a number of retailers having to close their doors. All of this while the spectre of Amazon's arrival has loomed large on the horizon, with many analysts and scribes positing on the likely effect of its arrival on the Australian retail market. But it hasn't all been doom and gloom for the sector.

Lease incentive clawbacks: contract clause or unenforceable penalty?

Lease incentive clawbacks: contract clause or unenforceable penalty? When negotiating commercial leases, it is common for landlords to offer incentives to prospective tenants to encourage them to enter into the lease - for example a contribution to the tenant's fit out, reduced rent over the term or a rent-free period.

New partner appointed to bolster Lander & Rogers' renewable energy infrastructure offering

Lander & Rogers has announced the appointment of new partner Hoda Naghdy to its national real estate & projects practice. Based in Sydney, Ms Naghdy brings more than 15 years of experience advising clients on complex infrastructure projects and transactions in Australia and globally, and will enhance the firm's rapidly growing construction and infrastructure offering with a focus on renewable energy infrastructure.

Positive medium-term outlook amid global uncertainty, chief economist tells Lander & Rogers

NAB's Chief Economist Alan Oster has told an audience of Lander & Rogers' people, clients and colleagues that he is optimistic about Australia's economic outlook in the medium term, although financial stress persists in certain areas and geopolitical risk poses uncertainty for the global markets.

Leases in Victoria could be caught under the operation of the Retail Leases Act 2003 (Vic)

Many in the Real Estate and Retail sectors will have been following the case decision with interest. There has been much commentary and debate on the decision of the Victorian Court of Appeal.

Tenant obtains injunction, preventing development

A decision of the Victorian Civil & Administrative Tribunal (VCAT) has highlighted the importance for landlords of ensuring that Demolition Notices are carefully drafted.

NSW renewable energy planning framework

The NSW Government has announced its Renewable Energy Planning Framework which will form a key part of the development assessment process renewable energy projects and associated infrastructure in NSW.

Micro but mighty renewable energy opportunities for remote Australia

In the vastness of Australia's landscape, remote communities have traditionally had difficulty maintaining a supply of reliable and sustainable energy. Those communities who are literally 'off the grid' have typically used diesel generators, which can present reliability problems such as mechanical failure stemming from the extreme weather conditions commonly encountered in regional Australia. In recent years, microgrids have become an increasingly popular replacement for generators.

Regulatory clarity is needed for landlords and tenants in this time of crisis

The current lack of clarity on how obligations to pay rent will be treated across the various real estate sectors, is delaying landlords and tenants from implementing the Government’s desired approach to commercial parties cooperating to reach sustainable, workable and commercial outcomes that are fair to both parties.

Foreign investment approvals for renewable energy infrastructure projects

In recent months there has been media coverage of foreign investors experiencing difficulty in securing Foreign Investment Review Board (FIRB) approval to acquire energy infrastructure, in particular local electricity projects.

What does the extended lockdown in NSW mean for commercial landlords?

The NSW Government recently announced a new economic support package to assist businesses that are impacted by the extended restrictions and lockdowns in NSW.

Lander & Rogers advises commercial real estate investment firm JY Group on its 50% stake acquisition in Westfield Whitford City, WA

JY Group successfully settled the acquisition of a 50% stake in Westfield Whitford City for A$195 million. This acquisition also marks JY Group's first joint venture with Scentre Group, Australia's largest shopping centre group.

Proud finalists in the 2017 Lawyers Weekly Australian Law Awards

We are delighted to announce that three of our legal teams have been shortlisted as finalists in the 2017 Lawyers Weekly Australian Law Awards.

Eight things we learnt from the PM's press conference about the proposed mandatory industry code for commercial leases

Following the Prime Minister's press conference this afternoon, landlord and tenants will have to wait a bit longer for complete clarity, but one thing is for certain, the parties will still have to work together and negotiate to get through this crisis.

Mandatory climate reporting effective from 1 January 2025

As foreshadowed in our previous article, new mandatory climate reporting came into effect on 1 January 2025. Despite the Coalition's vow to repeal the new laws if it wins the federal election this year, the new sustainability reporting obligations are currently incumbent on large business and financial institutions.

A guide to the National Cabinet's mandatory code of conduct for small and medium enterprise commercial leasing principles during COVID-19

The Code will apply to tenants that are eligible for the Commonwealth Government's JobKeeper program with an annual turnover of up to $50 million. In the case of retail corporate groups and franchises, the $50 million threshold will be applied at the group level (rather than individual retail outlet level) and the franchisee level, respectively.

Pumped hydro making waves in Australia – the role of pumped hydro energy storage in Australia’s energy future

Pumped hydro making waves in Australia – the role of pumped hydro energy storage in Australia’s energy future

Developers' obligations under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9

From 1 March 2021, the transitional period under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9 (the Act) (the Act commenced on 1 September 2020) will come to an end, and the provisions of the Act summarised below, will come into force.

An Australian overview to Asset Tracing

Lander & Rogers recently contributed to the TerraLex Guide to Tracing Assets Around the World 2018. As individuals and companies continue to move assets away from countries in which they are subject to dispute, it is important that parties are able to trace assets across jurisdictions. This Guide draws together contributions from tracing experts across a number of countries. See below for the Australian chapter and click here to see the full guide.