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Within Minter Ellison’s construction practice, we have a highly skilled team focusing on property development and infrastructure. That team works with our real estate lawyers to provide expert legal advice and service on property development transactions, ranging from simple matters to complex, multi-stage, multi-use, multi-million dollar projects.
We are acutely aware of the issues relevant to property development, and are able to advise throughout the project lifecycle, from acquisition, to rezoning, planning and environment and through the delivery phase to successful completion and possibly take-out. We are also aware of financier requirements for these types of transactions and are able to ensure that the project is bankable.
We regularly advise on risk allocation and different forms of delivery methods. We are highly adept at preparing and negotiating all the forms of associated documentation, including: tender documents; heads of agreement and memoranda of understanding; agreements for lease; development agreements; consultancy agreements; various forms of delivery agreements (including construct only, design and construct, project management and construction management agreements); as well as other forms of contract such as facilities management agreements and outsourcing contracts (security, catering etc).
Following execution of documents we also assist in contract administration, either through a workshop to explain how the various documents operate and interface, or by providing a contract administration manual – our contract administration manuals are highly regarded and well used by our property development clients.
Acting for a wholly owned subsidiary of Australand Holdings Ltd on the A$800 million Discovery Point development at Wolli Creek in New South Wales. This 8-hectare mixed use development will feature residential apartments, commercial offices, an integrated retail centre and extensive public and private parklands. We are advising on procurement and OH&S strategies, drafting pro-forma and project specific documentation (such as consultancy agreements and design and construct contracts), assisting in the preparation of the tender conditions, advising on the tendering process and compiling documentation for tender.
Acted for AMP in relation to the $317 million acquisition and redevelopment of a 50% interest in 190-200 George Street, Sydney.
Acted for Walker Corporation in its redevelopment of waterfront land at Rhodes, NSW. The development is an estimated A$800 million project which involved a paint factory site being remediated and redeveloped to a mixed-use, high-rise, shopping centre, residential and commercial village.
Advised Tasmania's Department of Treasury and Finance on a 3-stage divestment process to sell and redevelop Parliament Square, located adjacent to Parliament House and comprising a number of abandoned buildings. Our team prepared the RFT documentation, negotiated the development arrangements and advised on complicated interface issues with the adjoining Parliament House.
Acted for DEXUS Property Group in relation to the $500 million acquisition and development of 480 and 470A Queen Street, Brisbane. This acquisition and development, described as the largest property deal of 2013, will comprise a 31-level premium-grade office development project across 55,561 square metres located in Brisbane’s Golden Triangle and is targeting 6 Star Green Star and 5 star NABERS Energy ratings.
Acted for DEXUS Property Group in relation to the acquisition and development of 3 new mixed-use building at Kings Square in Perth. This acquisition and development, which has been described as the biggest commercial property pre-sale in Western Australia with an estimated cost on completion of $434.8 million, will comprise three A-grade office buildings to be developed by Leighton Properties.
Acted for Roads & Maritime Services (RMS) on preparing the new design and construction project deed for use on major projects. Work involved participating in workshops to discuss risk allocation and drafting the new form of contract in close consultation with the RMS legal and commercial teams.
Advised the Commonwealth Bank of Australia (CBA) on Darling Quarter, Sydney’s most vibrant community precinct. We were engaged by CBA when it sought tenders for development of substantial premises within Sydney's Central Business District. Lend Lease, which was successful in its tender to the NSW Government and SHFA for the rights to develop what was known as the Sega site at Darling Harbour (now known as Darling Walk), offered its proposal for development on that site to CBA. CBA effectively relocated approximately 6,000 staff to what are now its flagship new buildings in Darling Harbour. We advised CBA and negotiated all relevant documents, including the agreement for sub-lease, sub-lease, various licences and advised generally in relation to the arrangements between CBA and Lend Lease arising out of the development of the area now known as Darling Walk. We were particularly involved in and understand the issues for CBA in its interaction with the Developer and NSW Government and SHFA, relating to the grant of head leases and securing the various development rights, which arose during the documentation of the arrangements between the parties. We provided extensive advice on the design requirements and project delivery issues for CBA. Setting the benchmark for green precincts Commonwealth Bank Place has received a 6 Star Green Star – Office As Built v3 rating, the first Australian building to achieve this significant milestone.
Advised Amcor on a A$450m redevelopment of its paper mill in Botany, NSW. Work has involved advice and workshops on procurement strategy, drafting and negotiating the various contracts, including letters of intent, engineering contracts, supply contracts, installation contract and the design and construction agreement, acting in relation to a security of payment claim and adjudication, mediations and advising on contract administration.
Acted for Lidis Group as developer on the Lennox Bridge Carpark Redevelopment in Parramatta. The project involves the development of a riverfront precinct spanning both sides of Parramatta River, including foreshore parks and civic spaces, a discovery and convention centre, cafes and retail, and two residential towers (approximately 35,000 sqm GFA).