Services

Commercial Property

A full-service commercial property practice, advising on high profile developments, sales, acquisitions and ongoing property management matters.

Services Experience People Publications EnviroDevelopment

UDIA Major Industry PartnerHopgoodGanim has been the lead advisor in many of Queensland’s most significant and high profile property developments. We have the depth of knowledge and experience needed to advise on, negotiate, document and complete all property transactions, from the straight-forward to the very complex.

Renowned for providing effective, timely advice, and the ability to clearly communicate the requirements of - and carefully prepare the documentation needed for - the sale or purchase of all types of commercial properties throughout Australia, our Commercial Property team is Recommended in the Asia Pacific Legal 500, 2012, 2013, 2014 and 2015; recognised in Chambers Asia-Pacific Guide 2015, and have been previously Recommended in Doyle's Guide to Leading Queensland Property and Real Estate Law Firms in 2014 and 2015. Recently, our Commerical Property practice was listed as Third Tier by Doyle's Guide in Leading Property and Real Estate Law Firms, Queensland - 2018, as well as two of our Partners being named in the Australian Financial Review for Best Lawyers in Australia, 2018.

Our team includes sub-sector experts in the areas of manufactured homes, retirement living, green development, student accommodation, hospitality, high-rise residential, industrial, retail and marinas. Our clients include developers, shopping centre owners, manufactured home park owners, retirement village operators, hoteliers, tourism operators, financial institutions and commercial agents.

With expertise in environmentally-sustainable property development, we offer substantial knowledge of the development and accreditation of green property. The firm is a long-term supporter of the Urban Development Institute of Australia and is the exclusive legal sponsor of their national technical standards for EnviroDevelopment. Our team includes practitioners who are accredited in the Green Star and EnviroDevelopment programs, and our experience means we are well placed to advise on the legal implications of the NABERS system, which rates buildings on their operational impact on the environment.

Areas of Expertise

  • Sales and purchases of commercial, residential and crown leasehold properties
  • Community title developments
  • Mixed-use and master planned developments
  • Due diligence investigations 
  • Project funding
  • Planning and environmental advice
  • Joint ventures
  • Litigation
  • Resumptions
  • Construction arrangements 
  • Commercial Property
  • Taxation and stamp duty
  • Advising one of the co-owners of the Logan Hyperdome Shopping Centre and an associated bulky goods centre on the sale of a percentage interest to an entity associated with the other co-owner, including reviewing pre-emptive and other rights under existing co-ownership agreements. The sale price was in excess of $300 million, which made it one of the most significant (by value) property transactions of 2012.
  • Advising the Coordinator-General on the ongoing management, leasing and sale of properties in the Mary Valley.
  • Advising the purchaser of the Sheraton Mirage Port Douglas, a resort with 294 rooms, six bars, an 18-hole golf course and beach frontage via a tropical forest. The property also includes 41 hectares of vacant land with residential redevelopment potential. The transaction was worth over $35 million.
  • Advising a major renewable energy developer on the development of a wind farm in North Queensland, which will be the largest in Australia when complete.
  • Advising on the real property aspects of the $120 million sale of Proserpine Cooperative Sugar Milling Association’s milling assets to Sucrogen.
  • Advising the receiver appointed to the sale of The Big Pineapple and extensive surrounding land.
  • Advising the Heritage Pacific Group on the sales of five shopping centres, with a combined value of $54.5 million.
  • Advising Savio Developments on the purchase of the GHD Building, a commercial office building at 201 Charlotte Street, Brisbane for $85 million. This transaction was completed in a very short timeframe of only 14 business days from start to finish. 
  • Acting for Queensland Accommodation Company, a Korean consortium, in the negotiation and execution of a Public Private Partnership agreement with the State of Queensland for the development and operation of a student accommodation facility on Crown land at the Gold Coast.
  • Acting for Aria Property Group in the sale of the commercial office building at 380 Queen Street, Brisbane for $19 million. 
  • Advising Kyko Group on the development and structuring of the large mixed-use Mon Komo project at Redcliffe. This $150 million project includes 184 apartments in two towers, a hotel, and commercial and retail precincts.
  • Advising on the development and structuring of the large Port of Airlie mixed-use residential and marina development at Airlie Beach. This $500 million project involved 15 beachfront homes, 365 apartments, a 140-room hotel, a 240-berth marina and a variety of restaurants and shops.
  • Advising the Caravan Parks Association of Queensland in relation to the Manufactured Homes (Residential Parks) Act 2003 review in 2009/2010.

HopgoodGanim is the exclusive legal sponsor and supporter of the Urban Development Institute of Australia’s national EnviroDevelopment Technical Standards.

We were named a leading law firm in the area of environmental law in Chambers Asia-Pacific in 2011-2013 and Doyle’s Guide 2013, and have been a lead advisor in the area of environmentally sustainable development, renewable energy development and environmental disclosure obligations for several years.

Our team comprises practitioners who have invested extensive time into learning and understanding green rating tool systems in order to better understand our client’s business and the challenges that environmentally sustainable projects can present.

Our specialists include Senior Associate Tammy Berghofer, who is an EnviroDevelopment Professional and who has participated in the past two reviews of the EnviroDevelopment Technical Standards.

In addition to our strong familiarity with the green rating tool systems, we also have a comprehensive knowledge of the National Australia Built Environment Rating System (NABERS). We have experience advising on disclosure obligations under the Federal Government Building Energy Efficiency Disclosure legislation, which requires an understanding of the protocols under the NABERS Energy rating tool.

As a result, we have an in-depth insight into the process and the criteria to be met to obtain accreditation under EnviroDevelopment and other green rating tool programs, and to meet statutory disclosure obligations.

By combining our environmental law expertise with our extensive and awarded property development experience, we are ideally placed to advise on environmentally sustainable developments and can provide unique solutions to complex problems when planning and undertaking these developments.

Areas of expertise

  • Development and environmental approvals, compliance and enforcement issues, and environmental impact statements
  • Environmental and constraints advice - including ESD, climate change legislation, water and flooding, vegetation, koala management and coastal protection
  • Contaminated land issues
  • Waste management
  • Advice on performance criteria under green rating tools, including EnviroDevelopment, Green Star and NABERS
  • Advice in relation to federal environmental legislation such as the EPBC Act and Great Barrier Reef Marine Park Act
  • Procurement and tendering strategies
  • Certification processes
  • Contracts, including heads of agreement, EPC, construction, operation, management and consortium agreements
  • Construction contract delivery models, including ECI, alliance, PPP, D&C, DCM and DCOM
  • Construction exit strategies
  • Dispute resolution, including mediation, arbitration and litigation
  • Community titles and off-the-plan developments
  • Sales and purchases of commercial, residential and crown leasehold properties
  • Land title dealings, including easements, leases, covenants and carbon abatement interests
  • Sale and purchase statutory disclosure obligations

Experience

  • Advising Springfield Corporation on the $60 million Springfield Tower, which achieved a 4-star Green Star rating
  • Advising Aria Property Group on the Botanica building, which achieved an EnviroDevelopment accreditation