Our disputes capability and insight sit at the heart of Mallesons’ market-leading real estate practice. We combine deep sector insight with disciplined case strategy, commercial risk assessment and execution. We are adept at considering strategies for litigation and strategies for pre-litigation steps and formal disputes under a contract. Outcome for us is more important than forum.
Our dispute resolution team closely collaborates with our market-leading real estate practice, identifying potential disputes early and developing commercial and legal strategy to address or mitigate risk.
We advise managers, owners, trustees, unit holders, landlords, tenants and financiers on a range of different assets and transactions.
Work highlights:
- Disputes with tenants: including disputed terms in lease agreements, unpaid rent and outgoings, termination of leases, property maintenance disputes, make-good disputes, renewals and enforcement of guarantees.
- Disputes with counterparties: including for outstanding payments, overcharging of fees, failure to provide access to information, enforcement of guarantees and orders for specific performance.
- Amendments of covenants: an example is, for a landowner in northern Melbourne we defended a breach of covenant case in respect of industrial land and successfully had the Supreme Court of Victoria amend the relevant covenant under the Real Property Act 1958 (Vic).
- Joint venture and unit holder disputes: including about non-compete clauses and the commercial direction of projects.
- Environment and Planning disputes: environmental regulations, land-use planning, or zoning issues that arise with local authorities or community groups.
