Clients include Lendlease, Dexus, Stockland, Charter Hall, Mirvac, GPT, Frasers, IFM, LIF, Haben, the Toga Group, Brookfield, Challenger, the Commonwealth Bank, AMP, the NSW Government, Landcom and Jemena.
For over 20 years, Amy has successfully acted in litigation in the Commercial List and in the Real Property List of the Equity Division of the Supreme Court of NSW, on behalf of leading landlords, property investment groups, property developers, the NSW Government and statutory corporations, tenants, banks, construction and building product companies, and private net worth individuals. She also acts on retail leasing disputes in NCAT, both at first instance and before the Appeal Panel.
Career highlights
Amy and her team act daily for landlords in the Sydney CBD and in regional NSW in relation to all types of lease disputes (retail, commercial, industrial and agricultural).
She also acts for developers in relation to all types of land and development disputes, including those arising in connection with the off-the plan sale of residential apartments, including deposit retention structures, purchaser rescission risk, pre-contractual misrepresentation claims, advising on Part 4 Division 10 of the Conveyancing Act (including where there is a change to a Material Particular), and more broadly, any disputes concerning the sale of land, development agreements and put and call option disputes.
Amy and her team have successfully prosecuted and defended litigation in the Commercial List and in the Real Property List of the Equity Division of the Supreme Court of NSW, the NSW Court of Appeal, the NSW Civil and Administrative Tribunal and before the Appeal Panel.
In a leasing context, they frequently advise in relation to issues of contract interpretation and the application of the Retail Leases Act 1994 (NSW). Amy and her team provide daily advice to asset and centre managers in relation to tenancy management issues, including refurbishment, relocation and demolition, rent review disputes, lease renewal, debt recovery, termination and make good, abandonment of premises and dealing with third part property (PPSR), tenants in administration and liquidation, and calling on security. Amy has a particular interest in advising landlords in relation to the large-scale redevelopment of CBD and regional assets and the issues which commonly arise in the context of refurbishment, demolition and relocation.
Amy also acts for developers in connection with all types of land disputes, such as, trespass to land and trespass to airspace claims, seeking to enforce contracts for the sale of land, put and call option disputes, damages claims, breach of vendor disclosure obligations and misleading or deceptive conduct claims.
Amy has a particular interest advising vendors in relation to the off the plan sale of residential apartments on major developments, including, deposit retention structures and the law of contractual penalties, vendor misrepresentation claims and vendor disclosure obligations.
Over the past 20 years, Amy has built a strong track record of achieving successful outcomes for clients through focused litigation and settlement strategy, including:
- Acted for Jemena in the Commercial List of the Supreme Court of NSW defending a trespass to land claim concerning the preservation of critical gas infrastructure near Sydney Airport (statutory authority defence);
- Acted in leasing disputes on behalf of Lendlease, Dexus, Stockland, Charter Hall, Mirvac, Frasers, IFM, LIF, Haben, GPT, Brookfield, QIC, the Commonwealth Bank, AMP, Challenger, the Toga Group, Growthpoint, Woolworths and the NSW Government;
- Advised Dexus in relation to the redevelopment of the MLC Centre;
- Acted for Mirvac on the sale of its residential development Harbourside and also advised in relation to Angel Place;
- Acted on behalf of Lendlease in relation to property disputes concerning the off the plan sale of residential apartments in Darling North, One Sydney Harbour (Barangaroo) and One Circular Quay;
- Acted on behalf of Lendlease in relation to view line (sight line) litigation in the Supreme Court of NSW;
- Acted for Dexus and Mirvac as co-owners on a residential property dispute in the Sydney CBD;
- Advising and acting on behalf of Stockland in relation to its NSW leasing portfolio and tenancy disputes;
- Advising and acting on behalf of Haben in relation to its NSW leasing portfolio and tenancy disputes;
- Advising and acting on behalf of Brookfield in relation to its NSW leasing portfolio and tenancy disputes;
- Acted for Frasers in seeking to regain possession of industrial land for development in NSW;
- Defended the Commonwealth Bank in a commercial leasing dispute in the Supreme Court of NSW;
- Acted for the Toga Group in relation to its industrial and commercial leasing portfolios, including advice provision and settlement of lease disputes;
- Acted on behalf of UrbanGrowth NSW, defending Supreme Court proceedings commenced by Meriton (judicial review proceedings) and a related application filed by Meriton in NCAT seeking access to government information under the GIPA Act;
- Advising Property NSW in relation to the termination of residential tenancies in the Rocks NSW, so as to enable a large scale redevelopment;
- Acted on behalf of TriCare Limited, at first instance and on appeal, in respect of litigation concerning the development of an aged care facility at Hastings Point NSW and the termination of residential site agreements under the Residential Parks Act 1998 (NSW); and
- Acted for CSR in relation to a commercial and professional negligence dispute in the Supreme Court of NSW.