Best Commercial Real Estate Lawyers in Australia

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Matthew Verney Lawyers
Devonport, Australia

Founded in 1994
21 people in their team
English
about .Litigation (both commercial and civil), commercial law, family law, criminal law, conveyancing, wills & estates.In practising in those areas, we work hard to build a constructive and professional solicitor / client relationship, and always focus on furthering the clientsโ€™ best...
Legal Solutions-Brown Rebecca
Launceston, Australia

Founded in 2008
3 people in their team
English
Rebecca was educated locally at the Launceston Church Grammar School before accepting a scholarship to study the combined degree of a Bachelor of Arts (English major) and Bachelor of Laws at the University of Tasmania in Hobart. Rebecca graduated in 1996 and was admitted to the degree of Bachelor...

Founded in 2017
English
MIC Lawyers & Associates Pty Ltd, established in 2012, is a distinguished Australian law firm renowned for its comprehensive legal services across multiple practice areas, including criminal law, family law, immigration law, and property law. With a team boasting over 50 years of combined...
Douglas & Collins
Launceston, Australia

Founded in 1838
25 people in their team
English
Douglas & Collins was established in 1838, making us one of Australiaโ€™s oldest law firms.Our heritage provides a strong foundation to build upon as we focus on the future and continue to grow and adapt to meet the evolving needs of our clients.At Douglas & Collins, our success stems from...

Founded in 1992
2 people in their team
English
Jeanette JovanovicJeanette Jovanovic is an experienced litigation lawyer specialising in personal injury law, workers compensation, commercial law, wills and estates and has been practising for over 30 years. Jeanetteโ€™s work in the field of business and finance includes commercial and private...

English
MJ Legal is a Melbourne based law firm specializing in immigration, family and Real Estate law. The practice handles complex visa applications, family disputes and conveyancing matters with a focus on practical outcomes and client tailored strategies.With a client centric approach, MJ Legal...
Harding Property Law
Sydney, Australia

Founded in 2022
7 people in their team
English
Harding Property Law is a Cairns-based property law practice specializing in conveyancing, wills and estates, and broader property matters across Queensland. Founded in 2022 by James Harding, the firm delivers practical legal solutions with a client-centered approach.The firm has earned a...
Page Seager
Hobart, Australia

Founded in 1907
200 people in their team
English
About usWHO ARE WE Page Seager is a commercial law firm organised into dedicated teams with distinct expertise and industry knowledge, supporting clients to achieve their business objectives across Australia. Our deep industry knowledge and approach to supporting our clients is built on the...
Zed Legal Australia
Athelstone, Australia

English
Zed Legal Australia is a bilingual, dual-jurisdiction law practice that provides legal services across Australia and the United States. The firm maintains a local presence in South Australia and in California, and its founder and managing attorney, Bruno Confalone, is admitted in multiple...
DW Fox Tucker Lawyers
Adelaide, Australia

Founded in 2014
200 people in their team
English
OverviewDW Fox Tucker is a leading independent South Australian commercial law firm. We were established on 1 October 2014 when the former partners of Donaldson Walsh joined with those of Fox Tucker to create an entirely new firm offering a broad, comprehensive range of general commercial services...
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About Commercial Real Estate Law in Australia

Commercial Real Estate (CRE) law in Australia involves regulations that govern the rights and responsibilities of parties dealing in business-related properties. Whether itโ€™s acquiring office spaces, retail outlets, industrial warehouses, or land for commercial development, these laws ensure fair transactions and prevent disputes. The commercial real estate market in Australia is a key component of the economy, spurred by rapid urbanization and growth in various business sectors. As a significant financial investment, commercial real estate transactions require careful navigation of complex legal requirements.

Why You May Need a Lawyer

Engaging with a lawyer in commercial real estate matters can be crucial due to various factors:

  • Lease Agreements: Drafting, negotiating, and reviewing commercial leases requires expertise to ensure terms are not unfavorable.
  • Property Acquisition: Legal professionals can help with due diligence, contract negotiation, and compliance with property and zoning laws.
  • Dispute Resolution: Disputes over boundaries, use of property, or lease agreements might necessitate legal intervention to reach amicable or court-decided solutions.
  • Regulatory Compliance: Navigating local and state regulations, including those around environmental and heritage concerns, often requires legal insight.
  • Development Projects: Legal counsel can assist in obtaining necessary approvals and ensuring compliance with development controls.

Local Laws Overview

Australian commercial real estate is governed by a patchwork of local, state, and federal legislation, making it complex. Key aspects include:

  • Lease Legislation: Retail leases are regulated under state-based Retail Tenancy Acts, which mandate fair terms and dispute mechanisms.
  • Zoning and Planning Laws: These vary between jurisdictions and influence what activities can occur on the land. Local councils impose planning controls that must be adhered to.
  • Foreign Investment Rules: Managed by the Foreign Investment Review Board (FIRB), foreign interests might require approval before purchasing Australian commercial property.
  • Building and Construction Regulations: These ensure safety, accessibility, and adherence to design standards during development projects.
  • Environmental Laws: Property usage must comply with environmental protection standards, potentially influencing property use and development.

Frequently Asked Questions

What is the role of a commercial real estate lawyer?

A commercial real estate lawyer assists in transactions involving commercial properties, offers legal advice, drafts and reviews contracts, ensures compliance with laws, and helps resolve disputes.

What types of properties fall under commercial real estate?

Commercial properties include office buildings, retail centers, warehouses, manufacturing facilities, and land for commercial use.

What should be included in a commercial lease agreement?

Key elements include duration, rental obligations, maintenance responsibilities, terms for renewal, and penalties for early termination.

How do zoning laws affect commercial real estate transactions?

Zoning laws stipulate the types of activities permissible on a property and can affect the potential developments or modifications a buyer might consider.

What is due diligence in commercial real estate?

Due diligence is the comprehensive appraisal of a property before purchase, assessing physical condition, legal encumbrances, and financial viability.

How do environmental regulations impact commercial properties?

Properties must comply with environmental standards regarding waste management, pollution control, and protection of natural habitats, influencing their development and usage.

What are the rights of tenants under Australian commercial property laws?

Tenants are protected by various regulations ensuring fair lease terms, proper notice for lease changes, and mechanisms for dispute resolution.

What steps are involved in acquiring commercial property?

Typical steps include identifying suitable property, negotiating terms, conducting due diligence, securing finance, and finalizing legal documentation.

What happens if there is a dispute over a commercial property lease?

Dispute resolution mechanisms involve mediation, negotiation, or legal action in accordance with state tenancy regulations and contract terms.

Can foreign entities invest in Australian commercial real estate freely?

Foreign entities require approval from the Foreign Investment Review Board for certain transactions and must comply with specific regulations.

Additional Resources

For those seeking further information or assistance, the following resources can be invaluable:

  • Australian Governmentโ€™s Business Website: Provides information on starting and managing a business, including commercial property insights.
  • Real Estate Institute of Australia (REIA): Offers market insights and resources for real estate professionals and consumers.
  • Foreign Investment Review Board (FIRB): Guidelines and requirements for foreign investors in Australia.
  • State-Based Real Estate Institutes: Each state has its own real estate institute providing localized support and resources.

Next Steps

If you require legal assistance in commercial real estate, consider the following steps:

  • Identify Your Needs: Determine the area in which you need legal help - be it leasing, purchase, development, or dispute resolution.
  • Consult a Specialist Lawyer: Engage with a lawyer specializing in commercial real estate to navigate the complexities of the regulations.
  • Prepare Relevant Documents: Gather all necessary documents related to your real estate matter to facilitate efficient legal advice.
  • Evaluate Legal Options: Discuss potential strategies with your lawyer, including negotiation or litigation, to address your needs effectively.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Real Estate, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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