Emma has over 25 years’ experience practising in the areas of non-contentious property, finance, corporate, commercial and local government law, with a focus on property law.
She acts on behalf of owners of retail shopping complexes, owners of office buildings, finance providers, property owners and developers, real estate agents, commercial and professional organisations, local governments and other government bodies.
Emma joined Kott Gunning in 1999, became a partner in 2005 and since then has been section head of our Property and Commercial team and Deputy Managing Partner. She took the reins as managing partner in March 2019 during the 100th anniversary of the firm’s formation in 1919.
Emma’s experience includes:
- Negotiating, preparing, interpreting and advising on commercial and retail leases, including leases for a number of central business district buildings and various shopping centres, retail complexes, office buildings, industrial sites, and telecommunications infrastructure.
- Negotiating, preparing and advising on contracts for the sale or purchase of businesses, assets and equipment, land and large commercial properties (including central business district buildings and shopping centres), undertaking due diligence on such transactions and acting on the settlement.
- Advising on and preparing contracts for sale or purchase of land, land exchange, access agreements, easements, restrictive covenants, development deeds, land management contracts, and related documents and contracts generally.
- Advising on and preparing documents required for the compulsory acquisition of land.
- Negotiating, drafting, preparing and advising on general commercial contracts and all property and finance/security related documents.
- Advising on various legislation including the Commercial Tenancy (Retail Shops) Agreements Act, the Land Administration Act, the Planning and Development Act, the Property Law Act, the Transfer of Land Act, the Residential Tenancies Act, the Sale of Land Act, the Strata Titles Act, the Duties Act, the Local Government Act; the A New Tax System (Goods and Services Tax) Act and the Personal Property Securities Act. Emma is also the partner responsible for undertaking and/or supervising the property and commercial work for a major statutory corporation.
- Is Your Default Interest Clause Enforceable, or is it a Penalty? Reminder on the Importance of Careful Drafting
- Landlords and Tenants Beware, Know Your Occupier Liability Rights and Obligations and Ensure You Insure
- New GST Withholding Regime on “New” Residential Property
- Changes to Threshold and Rate for Foreign Resident Capital Gains Withholding Payments (May 2017)
- Is Your Transfer of Farming Property between Family Members Eligible for the Duty Exemption?
- Law Society of Western Australia
- Property Council of Australia
- 2019 & 2020 Committee Member of the Property Council of Australia, Western Australia Division Commercial Committee