Property Development
Development advice from someone who has built it
Site acquisitions, development structures, finance, builder contracts and off-the-plan sales, for developers, landowners and investors. Led by a lawyer who spent thirty years delivering developments from concept to completion before practising law.
What we do
Property development, by stage
A development is won or lost on documents signed long before the first slab is poured: the contract for the site, the structure that owns it, the funding behind it and the contracts that sell it. We act at every stage, and we read each document with the whole project in mind, not just the clause in front of us.
Site
Buy the site for the project
Due diligence, options and conditional contracts that match the development, not just the land.
Structure
Who owns it, who funds it
Joint ventures, unit trusts and project companies set up before the money moves.
Sales
Off the plan, done properly
Contracts, disclosure and subdivision that stand up through to settlement.
01
Site acquisition
Buying the land with the development in mind
The site contract sets the timetable for everything that follows. We check title, planning controls, overlays, easements and covenants against what you intend to build, and structure the purchase to fit: a put and call option, a contract conditional on a planning permit, or settlement timed to finance.
- Title, planning and overlay due diligence
- Put and call options and option deeds
- Contracts conditional on permits or finance
- Landowner and development agreements
02
Structuring the project
Who owns it, who funds it, who carries the risk
Joint ventures, unit trusts and special purpose companies each carry different tax, liability and funding consequences, and the structure is far cheaper to settle before the site is bought than after. We document the arrangement between the parties, including what happens when a partner cannot fund a call or wants out, and we work alongside your accountant on the tax side.
03
Development finance
Construction loans, mezzanine and private funding
Lenders fund against presales, permits, a fixed-price building contract and guarantees, and their documents give them wide rights if the project runs late. We review and negotiate senior and mezzanine facilities, priority deeds between lenders, security and guarantees, so you know exactly what triggers a default before you draw down.
- Construction and land loans
- Mezzanine and private funding
- Deeds of priority between lenders
- Guarantees and security
04
Building and consultants
The contracts that deliver the build
Builder contracts, design and construct arrangements, consultant appointments and novation decide who pays when the design changes, the program slips or the work is defective. We draft and negotiate them for the developer, and act when payment claims, delays or defects become disputes.
05
Selling the product
Off-the-plan contracts, subdivision and owners corporations
Off-the-plan sales carry disclosure obligations, sunset clause rules and deposit requirements that purchasers and their lawyers will test. We prepare the sale contracts and disclosure, manage the plan of subdivision and owners corporation rules, and run settlements of the completed lots.
How we work
Three steps
01
A look at the whole project
You tell us the site, the plan and the people involved. We tell you where the legal risk sits and what each stage will cost.
02
A scope for each stage
Acquisition, structure, finance, build and sales are each scoped and quoted, so you commit to the next step knowing the cost.
03
The same lawyer from site to settlement
One lawyer who knows the project runs it throughout, so nothing is lost between stages.
Who you will work with
Consultant Lawyer
Damian Bourke
Thirty years delivering property developments from concept to completion, with a combined value of around $300 million, including the $105 million Freshwater Apartments in Brisbane and the $55 million Promenade Apartments in Geelong. Damian structured the ventures, arranged the funding and ran the legal side himself, so he advises developers as one of them.
Principal
Tsungai Mukushi
Principal of the firm, admitted in 2008 and a franchise and commercial lawyer since. Tsungai has established 63 franchise systems, acted on 399 business sales and acquisitions and resolved 162 disputes at mediation, and he owns and runs businesses of his own, so the advice starts with what the decision means commercially.
Special Counsel
Lorraine Lim
Over 18 years as a commercial solicitor in Malaysia and Australia, including as a partner of a boutique firm. Lorraine leads the firm’s property and conveyancing work and the loan and security documents that sit behind a purchase, with a steady, results-driven approach clients come back to.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Property development questions, answered
Should I buy the development site in my own name?
Usually not. The ownership structure affects tax, liability, funding and how a partner can exit, and moving the land into a different structure later generally means paying stamp duty again. It is worth settling the structure, with your accountant, before you sign for the site.
What is a put and call option?
A pair of options under which the owner can require you to buy, and you can require the owner to sell, within a set period. It lets you secure a site while you obtain a permit or finance, often with a smaller upfront payment than a contract deposit. The duty and tax treatment needs checking before it is used.
What do lenders need before they fund a development?
Typically a planning permit, a fixed-price building contract, a level of presales, equity from the developer and guarantees from the directors. We prepare the documents a lender expects, so credit approval is not held up by the paperwork.
Can a developer cancel an off-the-plan contract under a sunset clause?
In most states, including Victoria, New South Wales and Queensland, a developer can no longer rescind under a sunset clause without the purchaser’s consent or a court order. The contract and the disclosure need to reflect the rules in the state where the land is.
Also relevant
Related services
Related reading
Property Development reading
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
A site, a structure or a sale to get right?
Tell us where the project is and we will tell you what needs doing next, and what it costs. The first conversation is complimentary.