Property Law Services

Leasing

Our property team has substantial commercial leasing and general leasing experience; including a detailed understanding of the Residential Tenancies Act 1987, Commercial Tenancy (Retail Shops Agreements) Act 1985 and Property Law Act 1969, all of which are unique to and impact on leasing in Western Australia. The commercial leasing experience extends to the preparation of:

retail, office and industrial leases;
sub-leases;
incentive deeds;
lease extensions and assignments;
surrenders of lease; and
car parking and signage licences.

Property Development

Solomon Brothers regularly acts for property developers and individual land owners in connection with development projects of all sizes, including subdivisions and strata titling. We facilitate project development through to completion through the preparation of the following documents:

restrictive covenants;
easements;
profit-to-take;
management statements, including strata-by laws;
developer contribution deeds;
development management agreements;
property joint venture agreements;
escrow and stakeholder agreements;
building and construction contracts;
carbon tree plantation schemes;
mortgages; and
FIRB and ACCC applications.

You can find further information in relation to Solomon Brothers’ construction law experience here.

Property Sales and Purchases

We commonly advise clients in connection with the sale and purchase of all types of land including, residential properties, large industrial and commercial sites, contaminated sites, shopping centres and multi-tenanted office buildings. The services we provide include undertaking due diligence enquiries on behalf of our clients and preparing:

land sale contracts, including for off-the plan purchases of strata title units;
auction and tender conditions, including requests for tender;
option deeds; and
default and termination notices.

Settlements

We have an in-house property settlements team which provides high quality property settlement and conveyancing services for all types of real estate sales and purchases. This team is managed by a licensed settlement agent of over 20 years’ experience, who works closely with our firm’s lawyers as and when the need arises. Further information in relation to our property settlement services can be found here.

Planning

Our team provides complex planning advice in relation to all types of developments. We have a wide range of experience in planning appeals, and judicial review applications, both before the State Administrative Tribunal and the Supreme Court of Western Australia.

Contaminated Sites

We frequently advise on contamination issues and assist clients to prepare submissions to the Contaminated Sites Committee in connection with the allocation of responsibility for remediation under the Contaminated Sites Act 2003, particularly in an end-of-lease or freehold sale context.

Real Estate Agent Law

We provide advice in relation to compliance issues arising under the Real Estate and Business Agents Act 1978, and represent agents in disciplinary matters.

Property Disputes

To complement our experience in property development and property transactions, we regularly act in property disputes arising from sale and purchase agreements, to lease disputes and adverse possession claims. We have an excellent grasp of emerging problems in modern property transactions, such as those arising from off-the-plan strata developments, as well as planning appeals and related challenges. You can find further information in relation to our dispute resolution experience here.

Property Law Insights

Building Defects – How & When to Make a Claim

By David Marsh / 16/08/2022

Unfortunately, building and defects go hand in hand. Whether you are the owner of the building built or a subsequent purchaser – you will face defects. So how do you deal with them, what are your options and what are the barriers to recovery?

Commercial Leases in Western Australia during the COVID-19 Pandemic

By Chris Williams / 31/08/2020

Acknowledging small business, including the retail sector, have been hard-hit during the COVID-19 pandemic, changes to commercial tenancy laws in WA are providing some relief through what is defined as this “emergency period”. Solomon Brothers partner, Chris Williams, provides a summary of these legislative changes and their impact on both landlords and tenants.

ASIC’s beef with Westpac over responsible lending duties

By Kai Huan Tee / 09/07/2020

On 13 August 2019, the Federal Court of Australia handed down its judgment in Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 (“the Liability Trial”).