property

MacDonnells Law’s property experts have expertise in all areas of property and commercial law, flat land subdivision and development. The MacDonnells Law Property team also has vast local government experience including town planning expertise. With expert property lawyers (solicitors) based in MacDonnells Law’s Brisbane, Cairns and Townsville offices, our Property team provides legal advice to developers and property clients throughout Queensland.

Flat Land Subdivision and Development

MacDonnells Law has extensive experience in acting for developers of flat land subdivisions including the preparation of easements, compliance with the requirements of the Land Sales Act and the preparation of covenants to regulate future development. The firm offers a complete service in this regard from preparing and arranging the sealing and registration of all documentation necessary for the subdivision, through to preparing a master contract of sale and acting for the developer in the conveyance of allotments to purchasers.

Managed Investments Act Issues

Since the commencement of the Managed Investments Act in July 1998, it has been clear that developers of complexes that are "serviced strata schemes" must comply with the managed investment, fund raising and licensing requirements of the Corporations Law. MacDonnells Law has extensive experience in advising developers and operators of such schemes on how to comply with their obligations in this regard, including the exemptions that are available from compliance and the conditions that must be met to satisfy these exemptions.

Strata Title Property Development

MacDonnells Law acts for the developers and operators of a number of significant strata title property developments and has also acted for many purchasers of lots in strata title developments. We offer a wealth of experience in preparing off the plan contracts, including contracts for developments that are to be staged or that involve layered arrangements of community title schemes.

We offer a complete service including liaising with other project consultants from the inception of a proposed development, making recommendations regarding titling, staging, body corporate and ongoing management issues, preparing off-the-plan contracts, applying for FIRB approval, giving advice regarding Managed Investment Act issues, preparing body corporate contracts and acting for the developer in the conveyance of lots in the development.

The MacDonnells Law Property team also has extensive experience in advising developers and their sales agents regarding the myriad of issues that may arise during the course of marketing, selling and constructing a development.

Management Rights

Non-compliance can render a management and letting rights business valueless. Before investing your savings it is imperative that you obtain advice from a lawyer with expertise in the laws affecting the management and letting rights industry.

MacDonnells Law has acted for numerous purchasers and vendors of substantial management and letting rights businesses, performed due diligence investigations on behalf of major lenders and prepared management and letting rights contracts on behalf of developers and bodies corporate alike. We can assist those already in the industry by reviewing their documentation to identify any problems and to help prevent difficulties in the future, particularly when selling. We have expertise in design and implementation of standard procedures, letters and documentation to manage risks associated with the operation of the business.

Migration and Overseas Investment

The MacDonnells Law Property team also includes a conveyancing division with foreign investment review board expertise and migration and overseas investment experts who assist with the raising of equity capital for joint venturing.

Leasing

MacDonnells Law has specialised teams of lawyers, conveyancers and Migration Agents working to specifically deal with the broad range of issues faced by clients purchasing and selling residential property and units off-the-plan.

Conveyancing

MacDonnells’ conveyancing team can assist buyers:

• by having well developed systems and extensive experience in property transactions
• by having extensive experience in dealing with buyers who are not based in Australia
• by using the latest technology to provide a quick turnaround in service to you
• by acting solely on your behalf and protecting your interest throughout the process
• by being able to, if so required, separately advise you as to Migration Law in Australia
• if you are purchasing property off the plan, by maintaining contact with the developer and its solicitors to ensure that we have the maximum time available to carry out the various necessary matters in such a transaction
• by liaising with your financier regarding preparation of mortgages and, if necessary, providing you with advice on mortgage documents
• by attending at settlement of the contract
• by generally keeping you in touch with the progress of the matter and fully informed of the processes.

Our conveyancing team can advise you upfront, of all the relevant search fees, taxes and other costs that will be payable by you. We provide you with an all inclusive, itemised quote so that there are no nasty surprises.

Our conveyancing team works alongside the firm’s commercial, estate planning, commercial property and migration experts. This ensures our clients are given the most comprehensive legal advice for their individual situation.