Property Transactions

MinterEllison has extensive experience in negotiating and documenting commercial arrangements between parties for the acquisition, disposal and shared occupation and use of different types of properties. Our practice includes:

  • advice on strategic, contractual and regulatory issues associated with property acquisition, development, construction and operation and maintenance
  • property acquisitions and disposals (including distressed disposal)
  • sale and leaseback
  • due diligence
  • volume conveyancing
  • advice on contracts with third parties
  • advice on state and territory real estate licensing issues

We can provide commercially relevant, strategic advice on high value and complex transactions around structuring, acquisition, procurement process, finance, tax, development and disposal. We also have extensive experience in dealing with 'green' buildings.

MinterEllison has acted for a wide range of clients on property acquisitions including CBD properties, commercial and industrial sites, greenfield sites, residential and development land and utility, energy and transport infrastructure.

We have acted in many major asset sales, including carrying out vendor due diligence, setting up due diligence data rooms and establishing access protocols to ensure all potential purchasers are treated appropriately and given access to the same information.

We have extensive experience in contract negotiations for major asset sales, of both freehold and leasehold title.

Our team has experts in due diligence planning and management and we have tools available to make the due diligence process faster and more effective.

Complex issues arise relating to the continuation of the development and the completion and enforceability of contracts relating to the land when parties are financially distressed and official controllers are involved. We advise financiers, developers, builders and insolvency practitioners in resolving these issues.

Lodging and removing caveats

Our dispute resolution team is experienced in the process of defending and removing disputed caveats from title and has had significant experience in successfully removing and defending contested caveats through the judicial process.

Financing of acquisition of Sofitel Gold Coast Hotel

Acting for the lender on secured facilities of up to A$45,000,000 to fund the acquisition of the Sofitel Gold Coast Hotel by an Australian subsidiary of the Huayu Group.

DEXUS acquisition of Kings Square, Perth

Acted for DEXUS Property Group in relation to the acquisition and development of 3 new mixed-use buildings 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.

Mirvac sale of its hotel management business

Advised listed A-REIT Mirvac on the sale of its hotel management business, Mirvac Hotels & Resorts and various associated investments to a consortium comprising Accor Asia Pacific and Singapore-based Ascendas. The complex transaction involved the concurrent sale of the hotel management business and the stake in an unlisted hotel fund which will see Accor take on the management of 48 hotels and also acquire, with Ascendas, a stake in an unlisted Mirvac hotel fund that owns seven properties.

Port Botany and Port Kembla Transaction

Advised the New South Wales Government (NSW Treasury) on the refinancing of Port Botany and Port Kembla in NSW. The project was unique, involving the contemporaneous refinancing and long term lease of two major Australian ports. Our role included extensive legal analysis of the existing assets and businesses and the regulatory landscape; recommending a transaction structure; drafting special transaction legislation; asset restructuring; preparing extensive interrelated transaction documents; tender process and negotiations; and implementation under legal project management. The project was complex and very significant for NSW, with the transaction widely considered to establish a new benchmark in transaction preparation and execution.

Parliament Square redevelopment, Tasmania

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.