Property and Leasing

Lavan is a leader in property law in Western Australia. We offer a comprehensive range of services covering all property transactions. We represent some of Western Australia’s most significant property developers, planners, financiers and leaseholders.
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Property and Leasing

The Lavan Property Services group uses an integrated approach to property development encompassing planning, environment and land compensation as well as banking, finance and tax advice.  We offer significant expertise and capability across all aspects of development projects and have provided legal services to some of Western Australia’s largest residential land development transactions, with a direct involvement in projects that have delivered almost 40% of the State’s current residential lots.

If you are seeking strategic advice, a first-hand industry perspective and an up-to-date knowledge of critical industry issues, we will add value to your projects and deliver optimal outcomes. 

We structure deals to provide maximum cash flow and profit benefits to our clients.

Our Services

Acquisitions and disposals

We act on behalf of individuals, syndicates, joint ventures and trusts in the acquisition of significant real estate assets and provide innovative solutions to complex acquisition projects.  Detailed advice and prompt documentation of syndicate agreements and acquisition contracts are our strengths.

Agribusiness

We act for buyers and sellers of agribusiness assets.  The transactions we have been involved with have required extensive due diligence enquiries on title, water rights, mining rights, planning approvals, storage facilities and FIRB issues.  Our team is very experienced in this area and is more than large enough to deliver this due diligence within tight timeframes.  Our access to the FIRB has been critical in resolving FIRB issues for our offshore clients.

In addition we have also advised our clients on the funding that has been provided to effect these acquisitions.  This funding includes both equity and debt finance (both onshore and offshore based).

Foreign Investment

Lavan can assist you through the process of securing approvals for complex investments across a range of sectors.  Lavan will tailor a team drawing on lawyers with specialist expertise in finance, tax, property and planning, who can ensure your transaction meets all foreign investment requirements.

Dispute Resolution

The Commercial Litigation team at Lavan is experienced in disputes involving property matters, acting for developers, landlords, tenants, purchasers and vendors. 

Government and Asset Development

We have acted for the State of Western Australia and its associated entities and departments for more than 20 years.  In that time we have documented on behalf of the State transactions that have delivered some of the State’s iconic land developments including:

  • The Ellenbrook project (which has won awards for the best residential land development in the world).
  • The Alkimos land development project (currently the largest residential land development project in Western Australia).
  • The Karratha Quarter project (part of the Royalties for Regions project).
  • The Banksia Grove project.

Land and property development

Our services comprise documentation of complex joint venture arrangements, project management agreements and financial arrangements.  We have a strong Western Australian focus, as well as sound capability at a national level.

We are leaders in structuring the development of land by multiple parties.  Our experience in drafting land joint ventures and development agreements is extensive.  We have structured our documentation to achieve the maximum tax and profit advantages for participants in projects.

We act for private equity participants acquiring and developing land in Western Australia.  These acquisitions and developments relate to many iconic sites in the Perth metropolitan area.

Leasing

Our retail leasing practice represents major landlords and tenants throughout the State.  We negotiate and prepare all types of specially tailored lease agreements and provide practical advice and solutions.  Our advice covers all areas of law relating to leasing, including rent reviews, defaults, recovery of monies and tax (including GST).  We provide clear and concise documentation.

Structuring

We pride ourselves on being available at the earliest stages of projects to provide assistance in the structuring of transactions that can deliver flexibility, minimise risk and maximise duty and tax benefits for projects.  Our fee structures are designed to complement project income streams, allowing us to be involved in projects at early stages at minimal cost to the proponents.

Syndication

We have a long track record for acting for syndicators in the buying and selling of assets.  In addition to undertaking the due diligence required with respect to the purchase of an asset for a syndicate, we also:

  • advise on compliance issues in relation to public disclosure documents
  • advise on compliance with the syndicator’s Australian Financial Services licence
  • advise on, and implement, the acquisition strategy
  • draft all of the documentation required for the transaction
  • advise on the financing for the transaction, including the hedging arrangements that are often required by financiers; and
  • provide tax and duty advice for the transaction.

The due diligence enquiries invariably require us to undertake extensive lease and planning due diligence enquiries.