Our relevant and notable experience includes:
- Acted for national property group in Supreme Court proceedings alleging misleading and deceptive conduct in the sale of lots in a commercial estate development and the sale of retail shop units in a shopping centre
- Acted for a financier in Supreme Court proceedings relating to a large apartment development, enforcement as mortgagee in possession, and priority disputes between competing financiers
- Acted for a prospective tenant in Supreme Court proceedings against a landlord and competing prospective tenant, in a dispute concerning equitable priorities between competing agreements to lease, and damages for repudiation by the landlord
- Acted for large national property developer in disputes concerning sale contracts to purchasers
- Acted in Supreme Court family dispute involving termination of a joint tenancy and disputed claims of a beneficial interest in the parents’ property
- Advised a property owner in relation to adverse possession of a local government laneway that had been converted to a gazetted road, and advised property owners in relation to high-value adverse possession disputes concerning boundary fences and building overhangs
- Acted for the vendor in a dispute concerning the sale of a high-end property where the purchaser claimed misrepresentations had been made by the selling agent
- Acted for the landlord in a Supreme Court application by an evicted tenant for relief against forfeiture and claims the lease had not been validly terminated
- Acted for a large private property investor in multiple court proceedings concerning tenants in a retail shopping centre and other commercial properties
- Acted for the plaintiff in Supreme Court proceedings alleging derogation from grant and breach of a right of first refusal to purchase a large parcel of englobo land suitable for residential development, including issues concerning interpretation of the agreement, proprietary estoppel, and the date of assessment of damages
- Acted for successful co-owner in Supreme Court proceedings seeking partition for sale of land under section 126 Property Law Act 1969
- Acted for a large national company lessor in a leasing dispute involving franchisor and franchisee, with claims of misleading and deceptive conduct made under section 18 of the Australian Consumer Law and section 16C of the Retail Shops Act
Retail Shop Lease expenditure statements - It can be too late !
In a situation that is not unusual in the commercial retail shop leasing space; particularly with sm...
Covid-19 relief for commercial tenants in Western Australia
The State and Commonwealth Governments are in the process of enacting legislation to provide relief ...
Disclose the full upfront price or risk breaking the law: new upfront pricing laws apply
It is not uncommon for businesses to advertise a headline price for goods and services to their...
INDEMNITY COSTS AS THE PRICE OF RELIEF AGAINST FORFEITURE – Reasonableness on the weighing scales
Icechest Corp Pty Ltd v Quan  WASC 345 is probably the latest Australian iteration of the ques...
Case Note - Swinburne v Boase  WASC 299 - Always Support the Caveat with a Charging Clause or Some Other Express Grant of a Proprietary Interest
It is not uncommon for loan and residential construction agreements (or similar) to include a clause...