Brisbane Property Lawyers

What Can Our Brisbane Property Lawyers Do For You?

For over 15 years, our property lawyers have acted for property developers, advised clients on commercial leases, options, licences, contracts and conveyancing. We are able to assist you with:

• commercial property transactions
• property development and body corporate
• property development tax structures
• commercial leasing
• conveyancing
• property law disputes
• commercial advice on all types of contracts and agreements
• easements and other analogous rights.

When you choose a business lawyer with property expertise, you’re choosing a comprehensive, growth-focussed expert who knows only one direction – forward.

From Conveyancing to Commercial Leasing and Beyond

Rouse Lawyers is a full service commercial law firm with business-savvy legal experts (minus the ivory towers).

With a reassuring ‘no surprises’ fee structure, our clients know we are there to support their vision for business growth. We don’t start the meter running as soon as we pick up the phone.

For many people, buying or selling their house is the most significant transaction of their life and often their only exposure to lawyers.

Our property lawyers take practical approach to:

• minimise the stress of the transaction; and
• provide expert advice in an easy to understand manner.

The majority of property transactions proceed smoothly. In the event of a drawback, it is reassuring to know your legal rights are protected by expert property lawyers.

Specialist Property Lawyers for Confident Guidance

There are many property lawyers in Brisbane, but if you are looking for high level support and advice across business investments, you need a lawyer with ‘real world’ commercial experience.

At Rouse Lawyers, we don’t just offer a legal service – we work in partnership with you to gain a deep understanding of your goals and commercial needs.

While property law is one of the core areas of expertise of our firm, we can also link you with professional guidance across franchising law, estate planning and taxation advice to ensure your property investments are just one of many effective components of your future success.

Is Franchising Your Next Big Thing?

In addition to providing property law services, Rouse Lawyers is a proud member of the Franchise Council of Australia. This means we can provide a unique process for guidance around franchising leases.

This includes:

1. A comprehensive review of the lease.
2. Preparation of a written Summary Report – a 6-8 page document that:
   • outlines, in plain English, the key terms of the lease, your rights and obligations and other important legal matters to consider;
   • provides high level advice regarding leasing in general and the specific legislation relevant to your unique circumstances; and
   • sets out our recommended changes.

This is just one example of the ways in which property lawyers in our Brisbane team combine leasing, commercial and investment advice across the length and breadth of your business needs.

Commercial Property Transactions

We see our role in a commercial property transaction as adding value to the deal.

We offer a complete property transaction service ranging from:

• advice on business structures, including the establishment of trusts;
• undertaking extensive due diligence to allow you to make fully informed decisions; and
• ensuring your legal rights are enforced and commercial goals achieved.

Our property lawyers have extensive expertise in property law, body corporate law, PPSA & PPSR and commercial leasing. This depth of knowledge allows us to provide expert advice on all areas of the transaction.

We will work closely with you to understand your objectives and to discuss appropriate strategies to achieve them while minimising any potential risks associated with the transaction.

Property Development and Body Corporate

Our property team has experience acting for property developers and investors in a range of small to medium sized projects in and around Brisbane.

The services we provide at Rouse Lawyers include:

• assisting you in the acquisition of the development site;
• preparing development and joint venture agreements; and
• preparation of all required documentation including, but not limited to:
  • contract drafting in accordance with legislation, including off-the-plan contracts;
  • commercial leases;
  • Community Management Statements;
  • strata title by-laws;
  • disclosure documentation; and
  • Building Management Statements.

Property Development Tax Structures

The choice of property development tax structures adopted for any property development project often has a key bearing on the tax implications and commercial viability of that particular project.

Capital Gains Tax (CGT) is an important consideration for investment property or development projects in Australia as is the relationship between property development and company tax rates.

Both landowners and property developers should seek advice for taking advantage of property development tax structures.

Landowners – to ensure the unrealised gain at commencement is taxed as a capital gain rather than as ordinary income without incurring tax restructure costs. This may trigger concessions including the exemption for pre-CGT assets and the CGT discount for post-CGT assets.

Property developers – to offset the profit of one project against expenditure of the next project leading to a tax deferral.

Retail and Commercial Property Leasing

We have significant expertise in preparing, reviewing and advising on retail and commercial leases.

Tenants

Rental costs are a significant proportion of overheads. It is important that you engage a commercial lawyer to review your lease before entering an arrangement that may have long term negative consequences for your business.

We can review and negotiate your retail or commercial lease so that you have certainty with regard to the key terms of a lease along with comfort that there are no “hidden” terms that will later become detrimental to your business.

Amongst other things, you should consider:

• the initial rent and method of increasing the rent;
• your ability to transfer or assign the lease, and the expense of doing so;
• your rights to end the lease including any “make good” provision;
• duration of the lease and your right to renew it;
• who pays for outgoings and other charges;
• the types of insurance required and who maintains it;
• the consequences of failing to pay rent; and
• ways of resolving disputes.

Please contact us for our free white paper Leasing Guide for Tenants.

Landlords

We act for landlords to ensure the protection of their property rental income streams. Whether it be preparing and negotiating leases, acting on an assignment of lease, extending, amending or surrendering leases or recovering unpaid rent, you can be assured that our team will manage the project competently and cost effectively.

Retail landlords must adhere to the Retail Shop Leases Act 1994 (Qld). The key theme of this legislation is disclosure compliance, and we are experienced in assisting retail landlords to ensure that their leases are valid and their ongoing obligations under the Act are satisfied.

Property Law Disputes

Property law is the foundation for many legal transactions, and is often tied to other issues like contract and business disputes.

We provide strategic and forward-thinking advice to clients in relation to preservation of assets and property law rights.

Our team is experienced in advising on a range of property law dispute areas, including:

• breach of contract to buy, sell, build or develop residential or commercial property;
• enforcing rights under contracts for the sale of property;
• matters involving caveats on title;
• complex property law, such as matters relating to indefeasibility of title and fraud; and
• leasing disputes.

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