Property Law
Property touches almost everything we do in our private, working and business lives — the home we’re buying or building,
the neighbour dispute about the fence, the office or factory we work in, the library we visit and the local park our kids
play in, the shared facilities in our apartment building, and even the superannuation we contribute to that owns commercial
and industrial buildings across the country.
Whether acquiring land, delivering development, negotiating leases, managing public assets or resolving disputes, property law
is rarely confined to a single document or transaction. It involves risk allocation, planning controls, funding, tax,
construction, governance and, increasingly, public and regulatory scrutiny.
Hunt & Hunt has a long-established property practice advising private sector clients, institutional investors and all levels
of government across Australia. We act on property matters throughout the full lifecycle of an asset, from site identification
and acquisition through development, leasing, operation and disposal. Our experience spans residential, commercial, industrial,
infrastructure and public sector property, including complex and high-value projects.
Our approach to property law is deliberately commercial and delivery-focused. We understand that property decisions are driven
by timing, feasibility and outcomes, not legal theory. Our role is to help clients structure transactions that proceed
efficiently, manage risk realistically and stand up to challenge, whether from counterparties, regulators or the community.
We are experienced in matters where property intersects with government, planning and compulsory acquisition. Many of our lawyers
have advised councils, statutory authorities and government agencies over extended periods and understand the practical realities
of operating within statutory frameworks, political environments and public accountability obligations. That experience allows us
to deliver advice that is not only legally sound, but workable in practice.
Property matters frequently intersect with other disciplines, including planning and environment, construction, finance, taxation, corporate & commercial, employment, and litigation. Our property team works closely with specialists across the firm to provide integrated advice, ensuring
that property strategies align with broader commercial, governance and risk objectives.
What We Do
We advise clients across all aspects of property law, including:
- due diligence and risk assessment on property acquisitions
- sales of residential, commercial and industrial property, including risk minimisation
- development projects, ranging from small residential to industrial and complex mixed use projects
- planning and environment advice, approvals and advocacy
- construction contracts, development agreements and joint venture documents
- property financing and construction funding
- retail, commercial and industrial leasing including agreement for lease and incentive deeds (acting for landlords and tenants), and advice on defaults, enforcement and dispute resolution
- compulsory acquisition and compensation claims
- public sector property, leasing, management and asset rationalisation
- subdivisions, Owners Corporation and common property structure and issues
- easements, restrictive covenants and adverse possession
Our work ranges from straightforward transactions to complex, multi-stage projects involving government authorities, multiple
stakeholders and layered risk.
How We Work
- Commercial first: We focus on deliverability, timing and risk, not just documentation.
- Integrated advice: Property rarely sits alone. We coordinate planning, construction, tax, finance and dispute considerations from the outset.
- Public sector insight: Where matters involve councils or statutory authorities, we understand governance obligations, procurement frameworks and accountability requirements.
- Risk-managed execution: We identify issues early, structure transactions to manage exposure and keep projects moving.
- Clear communication: We provide direct, practical advice that supports confident decision-making.
Expertise
Our property team includes Principals and senior lawyers with decades of experience advising on complex property transactions and development
projects across both the private and public sectors.
Several members of the team have advised councils, statutory authorities and government agencies on property, planning and compulsory acquisition
matters over extended periods. This depth of experience informs how we approach transactions involving public land, infrastructure projects and
community assets, where legal, political and reputational considerations are closely intertwined.
Our lawyers are known for their ability to translate complex property issues into clear, practical advice, helping clients navigate negotiations,
approvals and delivery with confidence.
Who We Act For
- property developers and investors
- corporate and institutional property owners
- local government and statutory authorities
- not-for-profit and community organisations
- private clients and family enterprises
Our clients operate across sectors including residential development, commercial property, industrial and logistics, healthcare, education,
infrastructure and public assets.
Property decisions don’t exist in isolation — and neither should your legal advice.
Whether you’re acquiring land, delivering a development, managing public assets or navigating compulsory acquisition, the right advice at the right time can be the difference between momentum and delay. Our property team works alongside you from strategy through to execution, helping you manage risk, meet statutory obligations and keep projects moving.
If you’re facing a property transaction, development or dispute — particularly where government, planning or public accountability are in play — talk to Hunt & Hunt early. We’ll give you clear, practical advice focused on outcomes, not paperwork.
Contact our Property team to discuss your project.
Get in Touch!
Compulsory Acquisition
Compulsory acquisition requires precision and statutory discipline. We advise acquiring authorities and affected landowners on
acquisition processes, compensation and dispute resolution, ensuring acquisitions are conducted lawfully, efficiently and in a
manner capable of withstanding challenge.
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Corporate & Commercial Law
Property transactions often sit within broader corporate and governance frameworks. We advise on structuring, risk allocation and documentation for property-related transactions, ensuring commercial decisions are aligned with governance obligations and long-term objectives.
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Local Government
We advise local government and statutory authorities on a wide range of property matters, including land acquisitions, disposals, leasing and the management of community and Crown land, delivering practical, commercially focused advice that aligns with statutory obligations and public accountability.
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Building & Construction
For commercial projects, we prepare construction contracts tailored to each project, including
construct-only, design and construct, minor works and early works contracts, often using
industry-standard documentation such as Australian Standards. We also prepare and advise on
consultancy and project management agreements, design novation agreements and finance
tripartite agreements.
We assist clients in navigating and resolving issues and disputes arising during construction
and are familiar with commonly used domestic building contracts. We understand the commercial
realities that drive risk allocation in this sector.
Easements, restrictive covenants and adverse possession
We advise on easement rights and obligations, prepare and register easements, and advise on restrictive covenants and how to remove them. We have also assisted many clients with successful applications for title based on adverse possession.
Leasing
Hunt & Hunt prepares and advises on retail, office and industrial leases, acting for both
landlords and tenants. Retail leasing is highly regulated and requires strict compliance with
applicable legislation. Commercial and industrial leasing focuses on asset protection, income
security and cost recovery.
We regularly advise on tenancy defaults, enforcement (including access to lease security),
dispute resolution and, where necessary, recovery of possession. We also assist business
clients leasing commercial and industrial property to negotiate practical and commercially
realistic lease documents aligned with their objectives.
Local Government Property Dealings
As one of our key client sectors, we undertake a wide range of property work for local government.
Our experience includes leasing and licensing for community purposes (including Crown land under
Council management), road closures and sales, old system land conversion, disposal and leasing of
Council land, advising on statutory processes under the Local Government Act and Council powers,
acquisition of land for public purposes, and negotiations with private parties for the use,
development and leasing of Council land.
Planning & Environment
We advise on planning approvals, compliance and environmental considerations associated with
property and development projects. Our experience includes preparing and registering easements,
advising on restrictive covenants and their removal, and assisting clients with applications
for title based on adverse possession.
Property & Project Financing
We advise clients on financing and refinancing investment properties and development projects.
Development funding arrangements often include detailed conditions for draw-down, such as
minimum pre-sales, lease pre-commitments, construction contract approval and tripartite or side
deeds with builders and key tenants.
We assist clients to understand and negotiate these facilities and to work through funding
conditions to achieve financial close.
Property Development
We act for clients across a broad range of development projects, from small two-lot subdivisions
to medium-density residential projects, large off-the-plan developments and industrial warehouse
projects. We prepare and advise on Development Agreements, Project Management Agreements,
Joint Venture Agreements and Co-owner Agreements.
These projects commonly involve planning approvals, subdivisions, construction contracts,
construction funding, pre-sales and leasing pre-commitments. Off-the-plan sales are highly
regulated, and the preparation and settlement of those contracts is a specialist area.
As projects approach completion, timing becomes critical. We assist with lodgement of plans of
subdivision, preparation for settlement and liaison with lenders in relation to debt reduction
arising from sales.
Property Taxes & Duties
State taxes and duties affecting property continue to expand in scope and complexity, with
revenue authorities increasingly active in assessment and enforcement. We advise clients on
land tax (including principal place of residence exemptions), vacant residential land tax,
foreign owner surcharges, additional duty on sub-sales, duty implications of development
agreements, growth areas infrastructure contributions, Commercial and Industrial Property Tax
and Windfall Gains Tax.
We monitor legislative changes closely and assist clients to manage risk and compliance
across all stages of property ownership and development.
Residential Sales & Conveyancing
Hunt & Hunt handles a wide variety of residential property sales and purchases, including online
settlements via PEXA. We assist individuals buying and selling established homes, new builds and
off-the-plan properties, and act for executors selling estate properties and arranging transfers
to beneficiaries under Wills. We help clients make informed decisions by identifying key property,
legal and procedural risks.
Sales & Acquisitions – Retail, Commercial & Industrial
These assets are typically acquired and held as investments, with lease covenants, tenant quality
and financial performance underpinning income and value. During due diligence, we assist clients
to identify key risks including rent and rent review mechanisms, cost recovery, adequacy of tenant
performance security, lease assignment rights and end-of-term obligations.
When assets are being disposed of, we assist clients to properly prepare documentation, minimise
exposure and risk, and achieve a smooth settlement. We also advise on the broad spectrum of duties
and taxes arising from these transactions, including land transfer duty (stamp duty), landholder
duty on indirect interests (shares and units), land tax, GST, CGT, Commercial and Industrial
Property Tax and Windfall Gains Tax.
Subdivisions & Owners Corporations
We advise on subdivisions and Owners Corporation structures, including common property
arrangements, governance, compliance and dispute resolution. Our advice supports effective
management of shared assets and minimises risk for developers, lot owners and managers.