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Real Estate & Construction

Real Estate & Construction

We know Real Estate & Construction

We are experienced in the complete set of property and development legal services including negotiating and documenting property joint venture arrangements, scalable project documentation, construction and funding arrangements and conveyancing instruments.

Our team members deliver because many of them have undertaken property development projects of their own.

Our highly experienced and highly regarded team of senior lawyers work closely with our real estate and construction clients to deliver the results desired by real estate business clients.
We are experienced in commercial and office buildings, residential land developments including urban renewal projects, shopping centres, golf courses, hotels, clubs, ports, airports, industrial estates and rural properties.

We assist public and private clients with the requirements of property acquisitions and disposals, act for landlords and tenants across all aspects of leasing and licensing and provide tailored advice regarding property disputes.

Build

Our Experience

Acted for a developer in the purchase of land with an option agreement, performed due diligence, established small property syndicate and information memorandum to raise funds, reviewed and negotiated the terms of a mezzanine funding agreement.

Acted for a lender by drafting and negotiating a loan agreement secured by a caveat over a NSW property, and subsequently attending to withdrawing the caveat upon repayment of the loan.
Drafting Community Titles Schemes for subdivisions of properties, registration of survey plans, and drafting Covenants and Easements in accordance with decision notices.

Contract design and establishment of Community Titles Schemes including drafting titling documents, Community Management Statements and conveyancing lots off the plan.

Acted for a managing agent in purchasing multiple rent rolls which included reviewing and negotiating the Rent Roll Sale Contracts, negotiating due diligence issues, and managing the retention claims.

Dispute resolution and litigation with council and previous builders regarding unsafe apartment building.

Acted for a Western Australia aboriginal corporation in relation to their State Lease, in negotiating a deed of surrender to surrender and replace the existing sublease with the tenant (a hotel) with a sublease for a greater length. This involved obtaining ministerial consent and complying with the minister’s conditions of granting consent.

Our Legal Experts

Cliff Savala
Matteo Salerno

Matteo Salerno

Lyn Harris

Allison McKee

Brooke McConchie

Sally Dalgleish

Naomi Perry

Kate Flett

We can help with

  • Capital Transactions and Funds
  • Development
  • Leasing
  • Major Projects
  • Special Asset Classes
  • Conveyancing
  • Property Transfers

Book Your Consultation

If your case can be settled without going to court, this is usually best for everyone. To find out if alternative dispute resolution is appropriate for you case, book a consultation with a professional at Salerno Law.
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Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.