Our property specialists assist businesses and individuals through the maze of legislation and local authority requirements associated with property and leasing transactions. We currently act for individuals, property developers, land owners, public companies, foreign and private companies, religious institutions and aged care facility owners.
We explore the best way to minimise client and investor risk while ensuring that client’s rights, responsibilities and opportunities under the law are fully capitalised on. We partner with our clients to fully understand their commercial objectives and discover the best strategic solutions to guarantee the maximum client benefit. We approach client matters by asking, ‘what are we trying to achieve and what is the best way to achieve it?’
Whether you’re building structures or wealth, we’re with you.
Our property specialists are available to assist you on a range of matters, including:
- the sale or acquisition of residential, investment and commercial property
- drafting contracts and agreements for all types of residential, commercial and industrial developments including strata titled projects and off-the-plan sales
- the sale and acquisition of development sites, including negotiating and liaising with surveyors, town planners and body corporate managers during the development stage, through to registration of the plan of subdivision and sale of the developed lots
- providing advice on GST and transfer duty implications in relation to the structuring of property acquisitions
- advising in relation to subdivisions, developments, compulsory land acquisitions and compensation
- providing advice on heritage and local government issues
- preparing and reviewing leases for retail, commercial and industrial premises for landlords, tenants and property managers
- providing advice in relation to leasing disputes and the rights and obligations of landlords and tenants under leases
- documenting assignments, renewals of leases and consents
Our team of specialists in urban resumptions use their extensive experience to help clients be better informed about their rights as they negotiate for compensation. We are experts in the Acquisition of Land Act 1967 and its powers to resume land for purposes such as road or water infrastructure, among others.
Peter Archos has represented a number of clients who have been affected by public authorities exercising their statutory power to acquire land, using his expertise to give clients more control of the outcome. Cases include:
- A property located near the border of Logan City was resumed by the Brisbane City Council. Proceedings were commenced for recovery of compensation in the Land Court. The Brisbane City Council had paid an advance against compensation (this is the resuming authority’s estimate of the claimant’s entitlement to compensation) of about $2.5M. This property had the potential to be developed as a large residential subdivision. In order to substantiate the client’s entitlement to compensation, on the basis of the highest and best use to which the land could have been put, it was necessary to prove that, but for the resumption, development could have taken place. This involved the complexities of town planning approval including incidental matters such as civil engineering and traffic. The matter was further complicated by the presence of very rare fauna and its preservation. Immediately prior to commencement of the trial the compensation amount was resolved directly between Peter and the then Lord Mayor of Brisbane and resulted in agreement in an amount of compensation which was four times greater than the amount which the Brisbane City Council had initially advanced.
- Peter represented a business owner/tenant and a land owner both of whom were affected by the resumption by Translink of business premises. The implications of the resumption on the business of the business owner/tenant were very far reaching as, in order to preserve its business, it had to either relocate nearby (this was a very expensive option) or relocate its entire business (including divisions which were not affected by the resumption) to a new site. Translink argued the business owner/tenant was not entitled to be compensated for the cost of the options which the business owner believed had to be implemented in order to save its business. Eventually a multi‑million dollar sum was paid by Translink in respect of the disturbance of the tenant’s business. Additionally, the claimant land owner received satisfactory compensation in respect of the loss of its land. Although a formal claim for compensation was made, no court proceedings were commenced and the compensation was received by the claimants much earlier than would have been the case had proceedings been commenced.
- Most recently Peter represented a dispossessed owner of a property in Parkinson which was resumed by the Brisbane City Council. Proceedings were commenced in the Land Court and the Council paid an advance against compensation. The dispute resolved itself at mediation and the claimant was paid an amount more than double the amount which the Council had contended was the value of the land. The proof of the validity of the claimant’s entitlement to compensation was complicated as, in order to substantiate the potential value of the land, it was necessary to establish that the property had development potential, which potential was denied by the Council. The client, a Mr Nucifora of San Francisco has provided the following testimonial:
“Thynne + Macartney has recently served as the law firm acting on my behalf with respect to a land resumption dispute with the City of Brisbane. I am pleased to report that the dispute was settled to my complete satisfaction. While significant time and money was spent upfront on discovery and expert advisory services, the ultimate settlement arose from mediation (as the Firm predicted) which, in turn, obviated the need for expensive trial litigation before the Land Court. The ultimate result was a proverbial “win-win” for both parties.
The attorney assigned to the matter, Peter Archos, provided exemplary service combined with in-depth and relatable experience with and knowledge of resumption disputes. The result was pain-free litigation from this client’s perspective. Legal costs, while significant, fell within the norm for matters of this type, with the final costs closely matching the initial projection.
Mr Archos is to be recognised for his personal handling of the matter. He remained sensitive to the issue of managing costs. He communicated quiet confidence and reassuring trust by virtue of his personal style, candid advice and ability to “listen”. He provided proactive information and updates on the status of the case and was accessible at all times for conferences and strategy discussions. This was of particular benefit to me given that I live in San Francisco, with an 18 hour time-zone differential. The fact that I have never met or liaised with Mr Archos on a face-to-face basis is testament to the excellence of his service and communication style. Thynne + Macartney and Mr Archos carry my highest recommendation.”