CLOSE
Amy Southwell
Partner
Amy is a Partner in the Sydney disputes team. Amy is a specialist property, development and leasing disputes lawyer (commercial, retail, industrial and agricultural leasing) and acts on behalf of key property funds, institutional investors and landlords in the Sydney CBD and property developers in regional NSW.
  • +61 2 9921 8624
  • +61 402 164 918

Amy's clients include Lendlease, Dexus, QIC, Government Property NSW, RMS, Brookfield, GPT, Charter Hall, Frasers, Mirvac and AMP Capital.

For over 13 years, Amy has successfully acted on behalf of leading companies, property investment groups (real estate, development and leasing), the NSW Government, statutory corporations (including UrbanGrowth NSW), landlords, tenants, construction and building product companies (including CSR), property developers, banks (asset management) and private net worth individuals, in commercial litigation of a complex nature. Amy is experienced at reviewing contracts, in particular, lease agreements and advising clients in relation to the drafting of provisions so as to guard against risk.

In 2016, Amy was nominated by clients as Special Counsel of the year in the Australian Law Awards and Women in Law Awards.

Career highlights

  • Amy acts for and advises the NSW Government, Lendlease, Brookfield, Commonwealth Bank, Dexus, Charter Hall, AMP and QIC on a broad range of property development issues and commercial and retail leasing dispute and advice work. This includes the interpretation of contractual and leasing provisions, interpretation and application of the Retail Leases Act 1994 (NSW) and the recent amendments to the Act (which came into effect on 1 July 2017). Amy and her team provide daily advice to asset managers and centre managers in relation to tenancy management issues. For over 12 years, Amy has also successfully acted on behalf of various developers in connection with disputes concerning contracts for the sale of land, put and call option disputes, damages claims and contamination of commercial leased premises (asbestos).
  • Amy has most recently advised Lendlease in relation to:
    • (a) the sale of residential assets in Darling Harbour and Barangaroo NSW; 
    • (b) the resolution of commercial and retail leasing disputes across the NSW leasing portfolio; and
    • (c) the provision of advice in relation to the Retail Leases Act 1994 (NSW) and the amendments to the Act.
  • Amy successfully acted on behalf of the Office of Environment and Heritage NSW, in its capacity as landlord, settling a commercial leasing dispute.
    Amy successfully acted on behalf of UrbanGrowth NSW, the NSW Government's urban transformation agency/statutory corporation, defending proceedings commenced by Meriton in the Supreme Court of NSW (judicial review proceedings) and a related application filed by Meriton in NCAT seeking access to government information under the GIPA Act. UrbanGrowth NSW successfully resisted an attempt by Meriton to challenge its decision to remove Meriton from the tender process (by reason of a conflict of interest) for the purchase of a major lot of land, valued at over A$150m, at Lachlan's Line, Macquarie Park, NSW.
  • Amy advised Government Property NSW in relation to the termination of residential tenancies in the Rocks NSW to enable a large scale redevelopment.
    Amy has also successfully acted for TriCare Limited, a leading builder and operator of retirement villages and aged care facilities, at first instance and on appeal to the NSW Court of 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).
  • Amy successfully acted for CSR in relation to a commercial and professional negligence dispute in the Supreme Court Equity division, to facilitate a successful commercial settlement.
  • Amy is a member of the Law Society of NSW Litigation, Law and Practice Committee.
  • Amy has published articles in the NSW Law Society Journal.