Lawyers & Trademark Attorneys
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Date:December 13, 2012

Property

For almost 20 years, Pointon Partners’ property team has been providing a full range of legal services to meet the specific requirements of individual, corporate and institutional clients including investors, developers, landlords, tenants, security holders, property fund managers and stakeholders.

Pointon Partners’ property team is a specialised division within the firm with a combination of extensive experience and in-depth knowledge of the property industry. It prides itself on delivering prompt and effective end-to-end service with innovation and practical advice. In doing so, it has established itself over many years as a trusted and leading provider of property related legal services to the property sector.

Pointon Partners now also offers an interactive online platform which gives participating property clients the ability to view their files online during selected property transactions.

The full range of property services Pointon Partners provides is set out below.

Property acquisitions and sales

We have extensive experience in acting in complex contract negotiations for sales and acquisition of residential, commercial, industrial and rural sites and preparing sale documentation. Our services include providing innovative solutions and strategic advice on all types of sales and acquisitions including advice in relation to structuring, due diligence, procurement, finance, taxation, regulatory and planning considerations, Foreign Investment Review Board requirements, contract issues/disputes and security interests in land.

Property Development

Pointon Partners has a long and proud history of working closely with clients and associated professionals involved in the property development industry. Our property development team possess strong technical legal skills and invaluable industry knowledge and resources. We draw on our expertise in tax, finance, commercial law and property law to deliver commercially astute solutions tailored specifically to each client’s property development project.

We can assist with the full spectrum of property development issues associated with the acquisition, development and sale of residential, commercial, rural and industrial property. The range of services we provide is varied and our expertise includes:

  • acting in complex negotiations for sales and acquisitions of residential, commercial, industrial and rural development sites and sale documentation;
  • property joint ventures, development management, project management and consultancy agreements;
  • managing high volume off-the-plan sales and contract administration;
  • property syndications and managed investment schemes;
  • finance issues including security and mezzanine debt financing arrangements;
  • assisting with property and contract due diligence investigations;
  • advising on Capital Gains Tax, GST, stamp duty and land tax issues affecting property transactions;
  • assisting with the planning process including permit applications and rezoning;
  • facilitating subdivision, including liaising with surveyors, planning authorities, financiers and land registry;
  • off the plan sales and contracts;
  • fixed fee conveyacing & contract administration;
  • security issues; and
  • dispute resolution.

Planning and Environment

Our planning and environment practice assists commercial, industrial and residential developers and owners to address the relevant and often complex planning and environment issues, such as rezoning and planning scheme amendments, applications for planning permits and amendments to existing planning permits, environmental audits, contaminated site claims and EPA and Responsible Authority compliance issues such as Clean Up Notices and Enforcement Orders.

We also have the relevant experience to provide advice and act on matters relating to objections to the grant of planning permit applications, infringement notices, clean up notices and enforcement orders and to handle all manner of planning appeals, hearings and other proceedings relating to these planning compliance matters.

Leasing

We advise on commercial, industrial, and retail leases and can assist with the negotiation, preparation, variation surrender and assignment of leases, sub-leases, licence agreements, agreements to lease, shopping centre leases and mortgages of lease.

We are well versed in helping our clients understand their rights and obligations under leasing agreements and our practitioners regularly appear at VCAT and the Supreme Court of Victoria and mediations by the Small Business Commissioner on leasing dispute matters.

Managed Investment Schemes and Syndication

We provide skilled advice in relation to subscribing to, setting up and operating managed investment schemes and property syndicates, including advising on the statutory and regulatory requirements affecting these. We can assist promoters to draft syndicate contracts, amend relevant documentation, determine the application of the Corporation Act on the proposed structure and provide solutions to disputes. Our team can also provide advice to syndicate participants by reviewing contracts, generate alternatives and deliver advice on the practical and legal implications of entering into such a scheme.

Taxation Advice

We are able to advise clients on all forms of direct and indirect taxation affecting their property investments and transaction including income tax, Capital Gains Tax, Goods & Services Tax (GST), stamp duty and land tax. Our services include advising clients in relation to structures for property transactions, common law and tax law partnerships, characterising property transactions – income or capital, private ruling applications, objections and appeals and exemption applications.

Owners Corporation matters

We assist Owners’ Corporations and their members in all aspects of legal advisory work and litigation, ranging from debt recovery to highly complex management disputes. We have experience in establishing and structuring Owners Corporations, drafting special or additional rules for Owners Corporations and arranging the recording of those rules at the Titles Office, drafting agreements, including instruments of delegation, advising Owners Corporations and managers on all aspects of management, administration and governance, preparing leases and licences for the common property and lots, attending annual general meetings as advising solicitor or proxy and resolving disputes.

Superannuation investment

Utilising our relationships and strategic alliances with other superannuation industry professionals, we assist clients to successfully navigate the complex compliance and regulatory aspects of superannuation in connection with property investments and transactions. We can assist in setting up and advising on the correct structures for transfer or purchase of property, reviewing governing rules and updating deeds if required, purchase and sale of property by superannuation funds, direct and indirect involvement of superannuation funds in property development, advising on and establishing limited recourse borrowing arrangements and instalment warrant documentation and advising on compliance issues associated with a broad range of property investments and transactions.

Conveyancing

We have a dedicated conveyancing services team that can assist with the sale and purchase of residential and commercial property, including ‘off the plan’ sales and purchases and purchases by SMSFs under a limited recourse borrowing arrangement, and help you avoid the common pitfalls of the conveyancing process. Our competitive fixed fee residential conveyancing services includes coordinating finance arrangements with lending institutions, making suitable property inquiries with the Council and other relevant authorities, and ensuring that all statutory requirements are met.