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http://www.minterellison.com/people/amy_southwell
Amy Southwell
Partner
I am a specialist property and development and leasing disputes lawyer (commercial, retail and industrial leasing). I act on behalf of key property funds, institutional investors, landlords and developers in the Sydney CBD and in regional NSW.
  • +61 2 9921 8624
  • +61 402 164 918

My clients include Lendlease, Dexus, Charter Hall, GPT, Stockland, Brookfield, QIC, Mirvac, Commonwealth Bank, AMP, Woolworths, Property NSW, RMS and Frasers.

For over 15 years, I have successfully acted in commercial litigation of a complex nature on behalf of leading landlords, property investment groups and syndicates, property developers, the NSW Government and statutory corporations, tenants, construction and building product companies, banks and private net worth individuals. I am particularly experienced at advising clients in relation to litigation strategy, contract interpretation and risk mitigation.

Career highlights

I act for landlords in the Sydney CBD in relation to all aspects of commercial and retail leasing disputes. I regularly appear on behalf of landlords and developers in the Supreme Court of NSW, Real Property List, and on behalf of landlords in the Retail Leases Division of the NSW Civil and Administrative Tribunal. I have 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. I advise on a broad range of property disputes and commercial and retail leasing disputes. This frequently includes the giving of advice in relation to issues of contract interpretation and the operation and application of the Retail Leases Act 1994 (NSW), including the impact of the amendments to the Act. My team and I provide daily advice to asset and centre managers in relation to tenancy management issues, including refurbishment, relocation and demolition, rent review disputes, termination and make good disputes, tenants in administration, and a large scale portfolio of debt recovery work.

I also act for developers in connection with disputes concerning the performance of contracts for the sale of land, put and call option disputes, damages claims, vendor disclosure and misleading and deceptive conduct. I have a particular interest advising clients in relation to deposit retention structures and vendor disclosure obligations.

Over the past 15 years, I have a proven track record of continuously achieving successful outcomes for clients in litigation and through focused settlement strategy, including:

  • Successfully resolving commercial and retail tenancy disputes on behalf of Lendlease, Dexus, Charter Hall, GPT, Stockland, Brookfield, QIC, Mirvac, Commonwealth Bank, AMP, Woolworths, Property NSW, RMS and Frasers;
  • Successfully acting on behalf of Voyages Tourism to resist an application brought by a commercial tenant for relief against forfeiture in the NSW Supreme Court;
  • Successfully acting on behalf of Growthpoint to resist an application brought by a commercial tenant for relief against forfeiture in the NSW Supreme Court;
  • Successfully acting 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;
  • Successfully acting on behalf of the Sydney Opera House to resolve a retail tenancy dispute;
  • Successfully acting on behalf of the Office of Environment and Heritage NSW, in its capacity as landlord, settling a commercial leasing dispute;
  • Advising Property NSW in relation to the termination of residential tenancies in the Rocks NSW to enable a large scale redevelopment;
  • Successfully acting for 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
  • Successfully acting for CSR in relation to a commercial and professional negligence dispute in the Supreme Court Equity division, to facilitate a successful commercial settlement.
  • I am particularly interested in considering areas for reform in the law of property and leasing, including residential conveyancing practices (deposit retention structures, off the plan sales, and the scope of vendor disclosure obligations) and the drafting of clauses in both commercial and retail leases so as to guard against tenancy litigation risk.