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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.
Complete the cladding checklist or pay the penalty
By 29 March 2019, building owners in Queensland will need to complete the online combustible cladding checklist. As a result of amendments to the Building Regulation 2006 (Qld) on 1 October 2018, building owners may now be required to register their buildings and complete the online combustible cladding checklist (https://www.saferbuildings.qld.gov.au/). This process is intended to identify buildings in Queensland that may contain combustible cladding.
Smart energy - transforming the renewable energy market with artificial intelligence
Artificial Intelligence (AI) and the transition to renewable energy sources are emerging sectors already shifting the landscape for investors, employers, and the public on a global scale. While the pace of these changes will be moderated by geopolitical factors, a clear link is emerging between the technologies. AI requires massive amounts of energy to power the data centres that 'think' for their large language models, the levels of which are expected to quadruple by 2030.
Lander & Rogers appoints five to partnership in latest promotions round
Lander & Rogers has announced 31 senior legal appointments in its annual promotions, including five new partners, 10 special counsel and 16 senior associates.
NSW advances energy transition with approval of Central-West Orana REZ Transmission Project
In more good news for NSW's energy transition focussed around renewable energy zones (REZ), on 26 June 2024 the Minister for Planning and Public Spaces (the Minister) granted an infrastructure approval to the Energy Corporation of NSW (EnergyCo) for the Central-West Orana REZ Transmission Project (the CWO Project). The Minister is the approval authority as the CWO Project is declared to be State Significant Infrastructure under the State Environmental Planning Policy (Planning Systems) 2021.
Federal Court pings real estate agency for breach of fiduciary duties
The Full Court has recently determined that a real estate agency, one of its former directors, and a senior employee of a property development company, breached their fiduciary duties to the development company by selling the company's land as part of a secret scheme to develop it themselves. This case is a warning to real estate agents and their employees that the fiduciary duties owed to their clients are paramount. The absence of a formal agreement required by law will not prevent a fiduciary duty from being established.
Bit by bit, blockchain is coming
You’ve probably heard these buzzwords around the office. You may have even feigned understanding when they were brought up at the last innovation retreat. But what does it all mean? We take a brief look at who's who in the zoo of distributed ledger technology and why, as a lawyer, you should consider caring.
Lander & Rogers advises leading pet care manufacturer FibreCycle on dual acquisition
Leading law firm Lander & Rogers has advised FibreCycle Pty Ltd, a US-owned Australian-based manufacturer of premium pet care products, on the simultaneous acquisition of local pet brands Our Bird Pty Ltd and Lovitts Group Pty Ltd.
Lander & Rogers advises founders of Allied Grain Systems on sale to Mitchells Group
A Lander & Rogers deal team advised the founders of Allied Grain Systems (AGS), an Australian supplier of grain handling and storage solutions, on the sale of the company to Mitchells Group ─ a global provider of bulk material handling equipment to the agriculture industry.
Supreme Court confirms adjudicated payments do not need to be paid immediately to insolvent companies
Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq); Ostwald Bros Pty Ltd (in liq) v Seymour Whyte Constructions Pty Ltd [2018] NSWSC 412 (5 April 2018).. The New South Wales Supreme Court recently confirmed that an insolvent construction contractor is not able to immediately enforce its right to payment of an adjudication decision under the NSW Security of Payment legislation (Building and Construction Industry Security of Payment Act 1999 (NSW)) against another party because the parties' rights need to be determined in accordance with section 533C of the Corporations Act 2001 (which provision allows set-offs for mutual credits/debts/dealings against an insolvent company). This position is consistent with other State court decisions in respect of insolvent contractors enforcement rights to payments under Security of Payment legislation.
Lander & Rogers appoints seven new partners and promotes 42 lawyers in largest ever promotions round
Lander & Rogers has elevated 49 lawyers in its latest promotions round - the largest number in the firm's 76-year history.
Lander & Rogers appointed to the whole of Australian Government Legal Services Panel
Lander & Rogers is delighted to announce the firm's appointment to all legal areas in the Whole of Australian Government (WOAG) Legal Services Panel across every area of law and practice area, including: Workplace, Industrial Relations and Compensation Public Law Corporate and Commercial (General) Corporate and Commercial (Specialist) Property and Environment Legal Support Services
Crypto court ruling: "Scope" of financial products, authorised representative exemptions and misleading or deceptive conduct
This recent case represents the first time the courts have considered non-cash payment facilities in the crypto-asset context and represents ASIC's increasing scrutiny and prosecution of crypto-asset projects.
Lander & Rogers appoints new Partner Louise Parry to strengthen its Corporate team in Canberra
Lander & Rogers is delighted to announce the appointment of Louise Parry, who joined the firm’s Corporate practice as a Partner in Canberra on 7 October 2025. Louise is a contracting specialist with more than 11 years’ experience advising government agencies and private sector clients on outsourcing, managed services, and large-scale procurement projects. She joins from Clayton Utz in Canberra, where she was a Special Counsel.
It's a family affair - family trusts in family law
There is an increasing trend toward creating a discretionary family trust for the purpose of asset protection and tax minimisation. In light of this, it is important to understand how family trusts may be treated in family law proceedings.