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For practical guidance and results

We’re your legal partners

Kott Gunning’s Property team is client and outcome focused. Whether our clients are leasing, developing, buying or selling, we deliver what we know they need – commercial and pragmatic advice. In addition to non-contentious property matters, Kott Gunning also advises and acts as counsel on a wide range of property related disputes and litigation.

Expertise

Kott Gunning is well resourced and able to manage large transactions and complex projects, having strong working associations across the various teams of the firm. We focus on turnaround times, quality of service, cost effectiveness and commercial solutions.

Emma Leys and David Miller are the partners of our property practice group, supported by a large team of highly experienced lawyers and conveyancing clerks, most have been longstanding employees of Kott Gunning, offering our clients continuity and dependability. This has also enabled us to develop close working relationships with many of our clients, and better understand their business needs.

When a dispute arises, our Commercial Dispute Resolution team is experienced in achieving results for clients as quickly and cost-effectively as possible. Partner Mark Fatharly has extensive experience in property litigation in all relevant jurisdictions.

Our team are all members of the Property Council of Australia, and maintain close industry ties.

We’re fully conversant with the business frameworks and industries in which our clients operate.

Experience

We have experience acting on all property law related matters, both non-contentious and contentious, for an extensive client base including property owners, tenants, developers, investors, managers, financial institutions, government authorities and statutory bodies.

Some recent examples of our work and results for clients include:

  • Advising on the provisions of all legislation and subsidiary legislation relevant to land transactions and property and commercial law
  • Advising on the contractual requirements for the sale and purchase of real property and drafting documents for same, including offer and acceptance, tender and auction contracts.
  • Advising on companies, trusts, joint ventures and other structures for purchase of land.
  • Advising and preparing documentation for land development, subdivisions, building and strata title subdivisions in Western Australia.
  • Drafting restrictive covenants and easements.
  • Advising on the application and clearance of development conditions.
  • Advising on and completing compulsory acquisition of land (either for freehold or easement interests).
  • Lease negotiation, preparation and advice on commercial, retail and residential leases for numerous government and non-government landowners for properties including reserves, Crown grants, leasehold lands, strata title premises, retail property, shopping centres, major residential and commercial developments and CBD office buildings.
  • Succeeded in defending a claim by tenant heard in a 5 day arbitration going to issues of proper construction and interpretation of lease.
  • Acting for landlords and tenants in relation to Commercial Tenancy (Retail Shops) Agreements Act disputes.
  • Disputes regarding commercial leases, lessee obligations, recovery of rent and outgoings.
  • Appearing on appeals from decisions of State Administrative Tribunal, District and Supreme Courts and arbitrations.

What we do:

  • Leasing and licensing
  • Contracts and agreements
  • Sales and acquisitions, including due diligence
  • Mortgages, caveats, easements, restrictive covenants
  • Subdivisions and redevelopment
  • Strata Titles
  • Joint ventures, syndications and property trusts
  • Property and business settlements
  • Mortgagee related enquiries and consents
  • Planning and development
  • Foreign Investment Review Board
  • Heritage issues
  • Native title advice
  • Environmental issues
  • Compulsory acquisition
  • Adverse possession
  • Duties Act advice
  • Conveyancing
  • Property litigation and dispute resolution

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