Align Law

Services

Construction

Align Law has experience in delivering some of Australia’s most significant and complex construction projects. We offer the full range of construction related legal services.

Construction projects can be complex and may involve numerous stakeholders. Align Law offers the full range of front and back-end construction related legal services including:

  • advice on procurement delivery models (e.g. construct only, design and construct, managing contractor, cost plus, early contractor involvement, EPC, EPCM, operate and maintain, PPPs and alliancing);
  • construction contracting and negotiation;
  • contract administration;
  • tender documentation and evaluation;
  • claims preparation and review;
  • security of payment advice and claims;
  • risk management and strategic project planning; and
  • alternative dispute resolution, litigation and arbitration.

Align Law has acted for developers, builders, subcontractors, lenders, project managers, architects, quantity surveyors, government owned corporations, local authorities and utilities. This has provided us with invaluable experience and context which we can draw upon when providing 'whole-of-project' legal advice.

Planning & Environment

Align Law has experienced Accredited Specialists in planning and environment law to assist both public and private clients on all areas of planning and environment law including advice to ensure that clients have all the required approvals for their developments.

Align Law assist clients in obtaining planning permits for commercial, retail and residential developments and offer advice in negotiating conditions with Councils and objectors to planning applications. We also prepare Section 173 agreements which are often required as part of the planning approval process.

Align Law is experienced in appearing before VCAT and Planning Panels Victoria (PPV) and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court. Areas of expertise include:

  • applications for planning approvals under the Planning and Environment Act 1987 and relevant Planning Schemes;
  • enforcement proceedings under the Planning and Environment Act 1987;
  • drafting Section 173 agreements required by applicants and Councils;
  • planning appeals to VCAT against Council decisions involving application rejections, unsatisfactory amendments and unworkable time constraints;
  • contaminated land, waste management and industrial development;
  • allocation of contamination risk in leases, share purchase agreements and infrastructure project deeds;
  • subdivision and development contributions;
  • aboriginal cultural heritage;
  • water law;
  • biodiversity law and offsets;
  • compliance and enforcement; and
  • judicial review and Supreme Court appeals from VCAT.

Property

Align Law offers a full range of legal services relating to property and real estate. Extensive experience and knowledge in property law enables Align Law to deliver strategic and practical solutions to complex and diverse legal issues relating to property developments and transactions.

Align Law has a deep understanding of the property industry and we pride ourselves in our ability to find dynamic and meaningful solutions for clients which are aligned with their broader strategic objectives.

Align Law is able to assist with a wide variety of property law matters, including:

  • property development;
  • major acquisitions and disposals;
  • due diligence;
  • contracting and negotiation;
  • joint ventures;
  • structuring advice and documentation for developers and/or investors;
  • capital transactions;
  • forced sales by mortgagee in possession, receivers and managers or liquidators;
  • commercial, retail and industrial leasing on behalf of landlords and tenants
  • land titling and subdivision;
  • broad-acre subdivision;
  • off-the-plan transactions; and
  • general law land and crown land.

Align Law is eminently placed to be your trusted advisor on property law matters.

Banking and Finance

Align Law is able to assist with, and advise on, various aspects of lending activities including commercial lending.

Consumer lending products are generally more difficult to obtain when the purpose of the loan relates to commercial properties or ventures.

Align Law is able to guide lenders and borrowers through every aspect of the commercial lending process including where the arrangement is in connection with:

  • the purchase of commercial property;
  • refinancing an existing commercial loan; or
  • using equity for commercial investment purposes.

Corporate, Commercial & Employment

Align Law is able to advise on all areas of corporate and commercial practice from small business sales and structuring to capital markets and M&A

The regulatory landscape affecting businesses in Australia is vast and complex. Our team is experienced in assisting public and private SMEs to navigate all aspects of doing business in Australia as well as those looking to take their business offshore.

We can provide advice and guidance on a range of corporate activities including:

  • Corporations Act and ASX Listing Rules compliance;
  • corporate governance reviews and directors' duties;
  • company secretarial support;
  • shareholder agreements and advice on shareholders' rights
  • sale of business and divestment of business assets;
  • company formation and structure advice;
  • trust establishment;
  • partnership agreements;
  • join ventures; and
  • IP commercialisation and protection;
  • general commercial contractual arrangements with trade partners;
  • succession planning;
  • financing and security documentation;
  • all aspects of employment law;
  • preparing contracts of employment and independent contractor agreements;
  • negotiating Enterprise Bargaining Agreements (EBAs);
  • representing employers at the Fair Work Commission and other forums; and
  • assisting businesses with their ongoing compliance and employment law responsibilities.

Dispute Resolution & Commercial Litigation

Align Law are able to provide or facilitate exceptional legal representation throughout all levels of courts in Victoria exercising State and Federal jurisdiction.

Align Law can assist with the resolution of complex commercial disputes involving a synthesis of any of the following matters:

  • property law disputes, including claims arising from sale of land contracts and associated legislation;
  • construction and security of payment related disputes;
  • disputes at the DBDRV;
  • leasing disputes, including both commercial leasing and retail tenancy disputes;
  • caveat issues, including applications to the court for removal of caveats;
  • contractual disputes, including breach of contract and compensation claims;
  • corporations law issues, including disputes between company shareholders;
  • disputes between business partners and joint venturers;
  • applications to the courts for urgent interim and final injunctive relief;
  • common law negligence claims;
  • consumer law issues, including misleading or deceptive conduct matters; and
  • corporate and personal insolvency.

Construction

Align Law has experience in delivering some of Australia’s most significant and complex construction projects. We offer the full range of construction related legal services.

Construction projects can be complex and may involve numerous stakeholders. Align Law offers the full range of front and back-end construction related legal services including:

  • advice on procurement delivery models (e.g. construct only, design and construct, managing contractor, cost plus, early contractor involvement, EPC, EPCM, operate and maintain, PPPs and alliancing);
  • construction contracting and negotiation;
  • contract administration;
  • tender documentation and evaluation;
  • claims preparation and review;
  • security of payment advice and claims;
  • risk management and strategic project planning; and
  • alternative dispute resolution, litigation and arbitration.

Align Law has acted for developers, builders, subcontractors, lenders, project managers, architects, quantity surveyors, government owned corporations, local authorities and utilities. This has provided us with invaluable experience and context which we can draw upon when providing 'whole-of-project' legal advice.

Corporate, Commercial & Employment

Align Law is able to advise on all areas of corporate and commercial practice from small business sales and structuring to capital markets and M&A

The regulatory landscape affecting businesses in Australia is vast and complex. Our team is experienced in assisting public and private SMEs to navigate all aspects of doing business in Australia as well as those looking to take their business offshore.

We can provide advice and guidance on a range of corporate activities including:

  • Corporations Act and ASX Listing Rules compliance;
  • corporate governance reviews and directors' duties;
  • company secretarial support';
  • shareholder agreements and advice on shareholders' rights
  • sale of business and divestment of business assets;
  • company formation and structure advice;
  • trust establishment;
  • partnership agreements;
  • join ventures;
  • IP commercialisation and protection;
  • general commercial contractual arrangements with trade partners;
  • succession planning;
  • financing and security documentation;
  • all aspects of employment law;
  • preparing contracts of employment and independent contractor agreements;
  • negotiating Enterprise Bargaining Agreements (EBAs);
  • representing employers at the Fair Work Commission and other forums; and
  • assisting business with their ongoing compliance and employment law responsibilities.

Banking and Finance

Align Law is able to assist with, and advise on, various aspects of lending activities including commercial lending.

Consumer lending products are generally more difficult to obtain when the purpose of the loan relates to commercial properties or ventures.

Align Law is able to guide lenders and borrowers through every aspect of the commercial lending process including where the arrangement is in connection with:

  • the purchase of commercial property;
  • refinancing an existing commercial loan; or
  • using equity for commercial investment purposes.

Property

Align Law offers a full range of legal services relating to property and real estate. Extensive experience and knowledge in property law enables Align Law to deliver strategic and practical solutions to complex and diverse legal issues relating to property developments and transactions.

Align Law has a deep understanding of the property industry and we pride ourselves in our ability to find dynamic and meaningful solutions for clients which are aligned with their broader strategic objectives.

Align Law is able to assist with a wide variety of property law matters, including:

  • property development;
  • major acquisitions and disposals;
  • due diligence;
  • contracting and negotiation;
  • joint ventures;
  • structuring advice and documentation for developers and/or investors;
  • capital transactions;
  • forced sales by mortgagee in possession, receivers and managers or liquidators;
  • commercial, retail and industrial leasing on behalf of landlords and tenants
  • land titling and subdivision;
  • broad-acre subdivision;
  • off-the-plan transactions; and
  • general law land and crown land.

Align Law is eminently placed to be your trusted advisor on property law matters.

Planning & Environment

Align Law has experienced Accredited Specialists in planning and environment law to assist both public and private clients on all areas of planning and environment law including advice to ensure that clients have all the required approvals for their developments.

Align Law assist clients in obtaining planning permits for commercial, retail and residential developments and offer advice in negotiating conditions with Councils and objectors to planning applications. We also prepare Section 173 agreements which are often required as part of the planning approval process.

Align Law is experienced in appearing before VCAT and Planning Panels Victoria (PPV) and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court. Areas of expertise include:

  • applications for planning approvals under the Planning and Environment Act 1987 and relevant Planning Schemes;
  • enforcement proceedings under the Planning and Environment Act 1987;
  • drafting Section 173 agreements required by applicants and Councils;
  • planning appeals to VCAT against Council decisions involving application rejections, unsatisfactory amendments and unworkable time constraints;
  • contaminated land, waste management and industrial development;
  • allocation of contamination risk in leases, share purchase agreements and infrastructure project deeds;
  • subdivision and development contributions;
  • aboriginal cultural heritage;
  • water law;
  • biodiversity law and offsets;
  • compliance and enforcement; and
  • judicial review and Supreme Court appeals from VCAT.

Dispute Resolution & Commercial Litigation

Align Law are able to provide or facilitate exceptional legal representation throughout all levels of courts in Victoria exercising State and Federal jurisdiction.

Align Law can assist with the resolution of complex commercial disputes involving a synthesis of any of the following matters:

  • property law disputes, including claims arising from sale of land contracts and associated legislation;
  • construction and security of payment related disputes;
  • disputes at the DBDRV;
  • leasing disputes, including both commercial leasing and retail tenancy disputes;
  • caveat issues, including applications to the court for removal of caveats;
  • contractual disputes, including breach of contract and compensation claims;
  • corporations law issues, including disputes between company shareholders;
  • disputes between business partners and joint venturers;
  • applications to the courts for urgent interim and final injunctive relief;
  • common law negligence claims;
  • consumer law issues, including misleading or deceptive conduct matters; and
  • corporate and personal insolvency.

Construction

Align Law has experience in delivering some of Australia’s most significant and complex construction projects. We offer the full range of construction related legal services.

Construction projects can be complex and may involve numerous stakeholders. Align Law Group offers the full range of front and back-end construction related legal services including:

  • advice on procurement delivery models (e.g. construct only, design and construct, managing contractor, cost plus, early contractor involvement, EPC, EPCM, operate and maintain, PPPs and alliancing);
  • construction contracting and negotiation;
  • contract administration;
  • tender documentation and evaluation;
  • claims preparation and review;
  • security of payment advice and claims;
  • risk management and strategic project planning; and
  • alternative dispute resolution, litigation and arbitration.

Align Law has acted for developers, builders, subcontractors, lenders, project managers, architects, quantity surveyors, government owned corporations, local authorities and utilities. This has provided us with invaluable experience and context which we can draw upon when providing 'whole-of-project' legal advice.

Property

Align Law offers a full range of legal services relating to property and real estate. Extensive experience and knowledge in property law enables Align Law to deliver strategic and practical solutions to complex and diverse legal issues relating to property developments and transactions.

Align Law has a deep understanding of the property industry and we pride ourselves in our ability to find dynamic and meaningful solutions for clients which are aligned with their broader strategic objectives.

Align Law is able to assist with a wide variety of property law matters, including:

  • property development;
  • major acquisitions and disposals;
  • due diligence;
  • contracting and negotiation;
  • joint ventures;
  • structuring advice and documentation for developers and/or investors;
  • capital transactions;
  • forced sales by mortgagee in possession, receivers and managers or liquidators;
  • commercial, retail and industrial leasing on behalf of landlords and tenants
  • land titling and subdivision;
  • broad-acre subdivision;
  • off-the-plan transactions; and
  • general law land and crown land.

Align Law Group is eminently placed to be your trusted advisor on property law matters.

Corporate, Commercial & Employment

Align Law is able to advise on all areas of corporate and commercial practice from small business sales and structuring to capital markets and M&A

The regulatory landscape affecting businesses in Australia is vast and complex. Our team is experienced in assisting public and private SMEs to navigate all aspects of doing business in Australia as well as those looking to take their business offshore.

We can provide advice and guidance on a range of corporate activities including:

  • Corporations Act and ASX Listing Rules compliance;
  • corporate governance reviews and directors' duties;
  • company secretarial support';
  • shareholder agreements and advice on shareholders' rights
  • sale of business and divestment of business assets;
  • company formation and structure advice;
  • trust establishment;
  • partnership agreements;
  • join ventures;
  • IP commercialisation and protection;
  • general commercial contractual arrangements with trade partners;
  • succession planning;
  • financing and security documentation;
  • all aspects of employment law;
  • preparing contracts of employment and independent contractor agreements;
  • negotiating Enterprise Bargaining Agreements (EBAs);
  • representing employers at the Fair Work Commission and other forums; and
  • assisting business with their ongoing compliance and employment law responsibilities.

Banking and Finance

Align Law is able to assist with, and advise on, various aspects of lending activities including commercial lending.

Consumer lending products are generally more difficult to obtain when the purpose of the loan relates to commercial properties or ventures.

Align Law is able to guide lenders and borrowers through every aspect of the commercial lending process including where the arrangement is in connection with:

  • the purchase of commercial property;
  • refinancing an existing commercial loan; or
  • using equity for commercial investment purposes.

Planning & Environment

Align Law has experienced Accredited Specialists in planning and environment law to assist both public and private clients on all areas of planning and environment law including advice to ensure that clients have all the required approvals for their developments.

Align Law assist clients in obtaining planning permits for commercial, retail and residential developments and offer advice in negotiating conditions with Councils and objectors to planning applications. We also prepare Section 173 agreements which are often required as part of the planning approval process.

Align Law is experienced in appearing before VCAT and Planning Panels Victoria (PPV) and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court. Areas of expertise include:

  • applications for planning approvals under the Planning and Environment Act 1987 and relevant Planning Schemes;
  • enforcement proceedings under the Planning and Environment Act 1987;
  • drafting Section 173 agreements required by applicants and Councils;
  • planning appeals to VCAT against Council decisions involving application rejections, unsatisfactory amendments and unworkable time constraints;
  • contaminated land, waste management and industrial development;
  • allocation of contamination risk in leases, share purchase agreements and infrastructure project deeds;
  • subdivision and development contributions;
  • aboriginal cultural heritage;
  • water law;
  • biodiversity law and offsets;
  • compliance and enforcement; and
  • judicial review and Supreme Court appeals from VCAT.

Dispute Resolution & Commercial Litigation

Align Law are able to provide or facilitate exceptional legal representation throughout all levels of courts in Victoria exercising State and Federal jurisdiction.

Align Law can assist with the resolution of complex commercial disputes involving a synthesis of any of the following matters:

  • property law disputes, including claims arising from sale of land contracts and associated legislation;
  • construction and security of payment related disputes;
  • disputes at the DBDRV;
  • leasing disputes, including both commercial leasing and retail tenancy disputes;
  • caveat issues, including applications to the court for removal of caveats;
  • contractual disputes, including breach of contract and compensation claims;
  • corporations law issues, including disputes between company shareholders;
  • disputes between business partners and joint venturers;
  • applications to the courts for urgent interim and final injunctive relief;
  • common law negligence claims;
  • consumer law issues, including misleading or deceptive conduct matters; and
  • corporate and personal insolvency.

Our Experience

Mixed-use development

Advised on a commercial and residential development in the Melbourne CBD which involved over 500 off the plan sales of apartments, serviced apartments and commercial offices.

Major shopping center acquisition and redevelopment

Advised on the $700 million redevelopment of Australia's largest shopping centre which involved the relocation of major tenants, the expansion of the existing shopping centre as well and the design and construction of a new hotel and office building on site. Advised and transacted on a $35 million purchase and sale of a major shopping centre complex.

Hotel site acquisition and development

Extensive experience in negotiating hotel management agreements with various tier one and two hotel and serviced apartment operators including the Hilton Hotels & Resorts, Inter Continental Hotels Group, Wyndham Hotels & Resorts, Starwood Hotels & Resorts and Quest Apartments.

We have acted for various developers on all aspects of their hotel development projects including the design and construction of a high-end hotel in Melbourne worth over $50 million.

Major commercial building acquisition

Advised on and transacted on a $70 million purchase of a major commercial building on St Kilda Road with ongoing leasing and management of offices in the building.

Minerals and resources projects

Advised a large international mining company (listed on the HXE) with an annual turnover of $5.8+ billion on various aspects of its operations all over Australia.

Off-market ASX merger

Advised in relation to the merger of two ASX listed oil and gas companies via a recommended off-market takeover bid valued at $31.5 million.

Regulated market divestment and re-compliance

Advised on the spin out of downstream assets from an ASX listed parent company in a transaction to redomicile group assets to a European market whilst maintaining the parent company’s ASX listing.

Aged care facility

Advised on the development of a multimillion dollar aged care centre. Acted for numerous aged care facility operators in various disputes.

Student accommodation development

Advised on the design and construction of a student accommodation building in Melbourne worth approximately $85 million.

Major office fitout

Advised various clients (including RACV and Skilled Group) on the fitout of their office headquarters in Victoria.

Renewable energy projects

Acted for a large Chinese state owned enterprise on its $350 million wind farm development in Victoria.

Cross-border acquisition and listing of multi-tenement production and exploration assets

Advised a locally controlled entity on its acquisition of a $15 million p/a base metal project and multi-tenement Zn/Cu/Au exploration assets in Southern Chile from EuroNext listed operator. Transaction included a contemporaneous debt/equity financing component with Macquarie Bank (taking place across 6 international jurisdictions), and subsequent capital raising and LSE listing.

Suite of template construction contracts

Prepared a suite of template services, construction, maintenance and other procurement contracts for various clients including Mega Homes, LDS Property and Plus Architects.

Significant tenement acquisition

Advised ASX listed gold producer on the acquisition of the Mt Holland Project, now the largest lithium development in Australia, including obtaining approval for ‘Chapter 10’ purposes due to involvement from a related party financier.

Periodic capital raise

Advised SME listed exploration and technology entities on a range of underwritten and renounceable/non-renounceable rights issues and SPPs undertaken throughout 2015 – 2017 to meet capital expenditure requirements.

Government infrastructure projects

Advised the Commonwealth on the $50 billion roll out of Australia’s nbn network (the largest infrastructure project in Australia’s history).

Winery acquisition

Advised and transacted on various acquisitions of wineries in Red Hill and Northern Victorian regions.

APPEARANCES BEFORE VCAT AND PLANNING PANELS VICTORIA (PPV)

Advocated for clients at VCAT, PPV, Supreme Court and Magistrates’ Court on various planning issues including:

  • contaminated land, waste management and industrial development;
  • contamination risk in leases, share purchase agreements and infrastructure project deeds;
  • subdivision and development contributions;
  • aboriginal cultural heritage;
  • water law;
  • biodiversity law and offsets;
  • compliance and enforcement; and
  • judicial review and Supreme Court appeals from VCAT.

JUDICIAL REVIEW OF A CLEAN UP NOTICE

Acted for Bayside City Council in a judicial review of a clean up notice issued by the EPA in respect of lead contamination at Merindah Park.

ADVICE ON SCOPING REQUIREMENTS FOR REMEDIATION

Acted for Development Victoria and provided advice on scoping requirements for remediation of the former Fitzroy Gasworks.

REMEDATION AGREEMENTS AND GROWTH AREA PLANNING

Acted for various clients in the drafting of remediation agreements to regulate the staged development of complex sites subject to environmental audit requirements.

Appearing for planning authorities in relation to several precinct structure plans.