Cooper Grace Ward has provided legal services to the property industry for more than 30 years, and has acted in some of Queensland’s landmark property transactions and master planned communities. Our team brings experience in all types of property transactions, development, leasing, project structuring arrangements and planning and environment advice and appeals.
Our team acts for property developers, owners, investors, landlords, project managers, contractors, consultants and government across various industries including health and aged care, agriculture, and energy and resources. We provide services to major corporate clients and MMEs who acquire property as part of their business operations.
Our lawyers understand the importance of a ‘deal making’ rather than ‘deal breaking’ approach and work consistently to the tight deadlines required in property and development projects to meet the needs of our clients.
Cooper Grace Ward’s property team works collaboratively with our commercial team in relation to revenue issues (particularly GST), joint ventures and development agreement structuring, ensuring that we provide our clients with a streamlined approach and optimum commercial outcome for their property developments.
Our major services in this area include:
- property acquisition and sales of commercial, retail and rural properties
- leasing of commercial and industrial properties, and retail properties for large and small scale centres
- planning and development and all scheme compliance, including for master planned developments, tourism and resort developments
- project structuring, including development agreements, joint ventures and property syndication
- planning and environment advice and appeals
- building and construction contract advice and documentation and dispute resolution
- infrastructure agreements
- commercial advice, including advice on all types of contracts and agreements
- resumption advice and compensation recovery
- valuation appeals
- easements and other user rights
- body corporate and community management advice, including scheme and documentation compliance
- community titles schemes documentation and establishment.
We have substantial experience, expertise and a depth of industry knowledge in the urban development industry, including land, apartment, commercial, retail and mixed use developments. Our team provides a full suite service including:
- large scale acquisitions and disposals of development sites
- development and joint venture agreements
- contract preparation in accordance with all legislative requirements, including ‘off the plan’ contracts and disclosure statements
- managing titling processes including preparation of all titling documents
- strategic advice in relation to the structuring and ongoing management of community title schemes and mixed use developments
- streamlined contract administration and conveyancing from contract preparation to settlement.
Our planning and infrastructure team act for owners and developers in relation to their planning and infrastructure charging requirements. Our ability to successfully negotiate commercially viable infrastructure outcomes with government entities is crucial to the viability of all property developments. Our team has considerable experience in:
- negotiating planning and infrastructure outcomes with state and local governments and related entities
- working collaboratively with various consultants to deliver commercially workable outcomes such as infrastructure advisers, town planners, engineers and other industry experts
- documenting infrastructure agreements of various scales from large master planned communities to individual infrastructure items
- ongoing management of infrastructure agreements, such as contract and offset management
- assisting with development applications, advising on and negotiating approval conditions, providing specialist environmental advice and undertaking complex appeals in the Planning and Environment Court
- disputes in respect of infrastructure matters
- providing resumption advice and conducting compensation negotiations and Land Court proceedings.
We advise clients on acquisitions and disposals of commercial, retail and industrial land and buildings. Our services include:
- comprehensive due diligence investigations
- advice on structuring and finance arrangements
- contract preparation in accordance with all legislative requirements
- contract negotiations, variations and disputes
- advising in relation to land titling and tenure issues including encumbrances (easements, covenants etc.) and management statements
- dealing with physical and environmental constraints such as contamination, vegetation and heritage.
Our team has significant experience in the leasing of commercial, retail and industrial property. We act for lessors of large commercial office buildings, shopping centres, industrial buildings and mixed use developments. We also act for major lessees, and for one public company, coordinate their leasing throughout Australia and New Zealand. Our expertise includes:
- preparing and negotiating agreements for lease, leases, lease variations and lease renewals
- ensuring statutory compliance with retail lease legislation and environmental standards requirements
- preparing and negotiating licences, fit out deeds, incentive deeds and financiers entry deeds
- advising in relation to disputes including representations in retail lease disputes.
We have substantial experience in providing legal services to various industries, including those unique to the healthcare industry.
In particular, members of our team have spent more than 10 years providing legal advice on commercial and property related matters for the health and aged care industries, advising private hospitals, community care providers, aged care providers and retirement village operators. Our expertise includes:
- property advice on purchases, development, leasing and sales of health facilities (including hospitals and community health centres)
- advice on, and preparation of, business contracts such as terms of trade and supply agreements
- advice on the application of various legislation to the operation of health and aged care facilities, such as the Health Insurance Act 1973, Private Health Facilities Act 2007, Aged Care Act 1997 and Retirement Villages Act 1999
- advice on operating/supply agreements, such as the operation by third parties of hospital emergency centres and clinical trial agreements.