Ready Hocking Law is committed to providing expert services to corporate and institutional owners and property developers as well as individuals engaged in property ownership and development. We advise on a broad range of property transactions, from assessment of a possible acquisition to the resolution of planning and environment disputes and the conduct of related proceedings. We have extensive expertise and regularly provide clients with representation and advice on:
Transactional
- broad acre subdivisions
- multi-unit developments from acquisition, planning, contract to settlement or sale
- resort development and management
- CBD building and development, site acquisitions, refurbishment and leasing
- industrial acquisitions and developments including leasing and disposal
- strata titled developments, tourist developments, commercial and office developments
- small and major shopping centre purchases, sales and leasing
- mixed use developments
Leasing – Retail, Commercial and Industrial
- negotiating the commercial and legal terms of leases
- drafting retail, commercial and industrial leases
- advice following breach of a lease
- advice on the termination or surrender of a lease
Property Development and Project Structuring
- due diligence to accurately map out possible development opportunities
- applications for material change of use, reconfiguration or a change of a condition on a current decision
- applications to the planning and environment Court for extensions of time
- liaising with third party service providers such as surveyors, town planners and body corporate managers
- negotiating conditions of land use approval
- negotiating and drafting construction contracts, development agreements, sale contracts, community management statements, building management statements and all disclosure documents and statements
Body Corporate and Community Title
- drafting creation documents such as community title statements, building management statements, facilities agreements and management agreements
- advising developers in respect of management rights issues
- acting for body corporates, managers and lot owners and advising on scheme issues
- providing representation in disputes between managers, lot owners and the
We are experienced in all areas of planning and environment. We have the expertise and industry knowledge to help you maximise the opportunities and manage the challenges that this complex area of law presents as quickly and cost-effectively as possible.
Our experience across all aspects of planning and environment law and the flexible, commercially responsible approach we bring to each project mean you can rely on us to help you with a broad range of matters associated with property development, resources, infrastructure and project delivery. Our experience includes:
Planning and Environment
- Advising clients on the commercial and strategic approach in obtaining land use approvals (including material change of use applications and reconfiguration of lot applications) and modification of land use approvals with all State and local planning laws to maximise prospects of a successful application.
- Advising and acting as the instructing solicitor in Planning and Environment Appeals and Applications contesting conditions of Decision Notices and decisions by local authorities to approve or reject Development Applications.
- Assisting in the lodgement of Development Applications, reviewing and provide advice on the conditions of Decision Notices and any local authority consent and licence.
- Advising clients on the imposition and calculation of infrastructure charges, including the legality and quantum of the charges and any negotiating amendments to conditions relating to infrastructure charges.
- Instructing solicitor in the Land Court of Queensland for applicants in land compensation matters. Most recently acting for Brett’s Wharf against Brisbane City Council and acting for ACCOR (including their Property Trust) in the compulsory acquisition around the Formula 1 Hotel (now IBIS) at Lutwyche.
- Advising clients with on-site EPA and contamination issues before construction and any issues that arise during construction. This includes remediation strategies required to satisfy legislative and local authority requirements, allowing clients to achieve their commercial goals while meeting their legislative responsibilities.
- Providing comprehensive advice on any compliance and enforcement issues under the Environmental Protection Act and Sustainable Planning Act, including advice regarding criminal prosecution for a breach of the Environmental Protection Act.
Planning and Environment Court/ Land Court of Queensland
- The Integrated Planning Act (repealed), the Sustainable Planning Act and the Planning Act passed by the QLD parliament on 12 May 2016.
- The Acquisition of Land Act (1967) particularly landowners in compulsory acquisition matters to determine the compensation payable by the resuming authority.
- The Land Valuation Act (2010) specifically landowners in relation to the valuation of property by the Valuer-General for the purposes of reviewing land tax assessments.
Ready Hocking Law deliver comprehensive advice on both ends of contracting – from drafting and advising on contractual documentation, to claims and dispute resolution as well as on the regulatory services to the building, construction, engineering and infrastructure sectors.
Our strength is advising clients on strategies to avoid or minimise the risk of disputes, the management of disputes and alternative dispute resolution methods. Our team includes an accredited arbitrator and trusted advisor in this specialised and complex alternative dispute resolution process.
Ready Hocking Law offers a full suite of front end (transactional), back end (litigation) and regulatory services to the building, construction, engineering and infrastructure sectors. We recognise that each dispute involves a unique set of facts and issues that require an in depth analysis to develop and implement a resolution plan that will meet our clients’ objectives. Our experience includes:
- working with the Australian Standard, Master Builders and other suites of construction and building contract documentation
- drafting project specific contract documentation including tenders, specifications and special conditions
- managing tender processes including due diligence on tenderers and their standard form documentation
- contract analysis and risk assessment
- analyse and advise on legal and commercial risks relating to building and construction contracts, delivery and supply agreements, tripartite deeds, alliance contracts, independent certifiers deed and other associated building and construction documentation
- security of payment claims, including payment claims, payment schedules, adjudication applications and adjudication responses
- disputes and dispute resolution
- alternative dispute resolution, including arbitration
- dealing with industry regulators
- construction contract administration, advising principals, contractors, sub-contractors and contract administrators in relation to contract administration (particularly, in relation to progress claim management).
At Ready Hocking Law, we understand that advising clients is not simply about ‘knowing the law’; our clients expect and receive so much more than that. While being able to conduct matters in all major Australian courts and tribunals, we experienced in adapting our approach to reflect the size and complexity of the dispute whilst constantly remaining sensitive to the commercial considerations.
As a specialist firm, we can offer a seamless, integrated legal solution for those involved in commercial litigation. Each matter is approached with a fresh perspective to ensure our clients receive the benefit of our extensive legal and broader commercial expertise in both alternative dispute resolution and any ultimate court hearing.
When required we bring together lawyers and consultants from other specialist areas to advise upon a particular aspect of your litigation. We do this without interruption to your litigation and without unnecessarily impacting the budgeted legal spend. Put simply, our primary aim is to bring every dispute, regardless of the size of scale, to a successful conclusion for our client.
Our experience includes:
- acting for a large financial institution in defending multiple claims brought by agents in multiple jurisdictions for misleading and deceptive conduct, breach of contract, negligent misstatement and personal injury cross-vested and heard together in the Supreme Court of New South Wales;
- acting for franchisors defending claims relating to the Franchising Code of Conduct and misleading and deceptive conduct;
- urgent and interlocutory injunctions;
- defending and prosecuting partnership and joint venture disputes;
- acting for liquidators in relation to voidable transactions;
- all forms of secured and unsecured enforcement;
- declaratory proceedings.
