P R A C T I C E P R A C T I C E A R E A A R E A

I N S I G H T S I N S I G H T S

How would you describe Real Estate and Development?

The RED team is a bit of a hybrid. It's split in two, comprising the property (or 'real estate' team) and the environment and planning (or 'development' team).

The property team is a true front-end transactional team (ie the acquisition, sale, development and leasing of commercial, industrial and retail property). The environment and planning team (E&P) does a mixture of back-end disputes work (in planning, environment and land courts) and front-end advisory work in relation to the approvals that clients need to undertake major projects

As a junior in the RED team, you're able to work across both streams, giving you a unique opportunity to work on transactions while also dipping your toes in the advisory and litigation space.

What work do we do in RED?

Property, environment and planning law are fairly specialised areas and clients look to us for our understanding of the market and the industry in giving advice (not just our ability to draft documents or interpret legislation/case law). As a junior in the property stream, on any given day, I might find myself working on:

General property acquisitions – a matter acting for an investment fund manager looking to expand their portfolio of real estate assets (or 'seed' a new fund). These acquisitions typically involve some due diligence on the asset, preparation of transaction documents (which can range from a fairly standard suite of contract and leasing documents, to bespoke documents giving effect to the 'one-of-a-kind' deals that the clients have cut), negotiation of those documents and eventually, completion of the acquisition.

Development and tenure structuring – a matter acting for a developer client acquiring and developing a greenfield project (or redeveloping an existing asset) A couple of recent examples include the development of new retail/commercial precincts in the vicinity of major pieces of (new) infrastructure and the redevelopment of prime (coastal) real estate for brand new retail/commercial/residential/marina developments. These transactions are complex and often require us to structure the 'tenure' and 'sequence' the development (to use, just a few, buzzwords)

The team typically have multiple projects on the go, at any one time, so juniors get a lot of client contact and responsibility from day one (but senior lawyers and partners are always there to help)!

What do you enjoy most about your practice group (and what experience can juniors get)?

Clients give us the opportunity to get in on the ground floor (sorry, bad pun) of many of their projects (particularly, the major developments). You really feel part of the client's team and given the number of projects that can be on the go at any one time, as a junior, you'll have a relationship with those clients (with and without Partner oversight) from day one.

There isn't a cookie-cutter approach to what we do. And this is what I really enjoy.

RED is a diverse practice group. We work with a variety of clients (and teams within the firm itself) on a range of different kinds of projects We get to consider and implement what we think will work best for each particular transaction And, in my opinion, that kind of opportunity, given on a regular basis, gives junior lawyers that come through our team the critical thinking skills that stand them in good stead wherever they decide to specialise.

Support for juniors

The RED team, nationally, has a number of senior lawyers and Partners that are experts in their field. You'll have the opportunity to learn from them on a day to day basis, which is the best training you can ever receive. In terms of formal training, the RED team holds sessions monthly, which supplements the Cornerstone training that all grads receive

However, it's the on the job training that will be most beneficial for junior lawyers joining the team.

Arnold Bloch Leibler’s Property and Development team has expertise in a wide range of property-related matters encompassing property acquisitions and disposals, property development and construction, joint ventures and partnerships, planning matters, leasing and property disputes. This includes:

Advising on property acquisitions and disposals, including due diligence, contract negotiation, and settlement arrangements.

Providing legal advice on property development matters, including planning approvals, construction contracts, and project management.

Advising on joint ventures and partnerships, including structuring arrangements, negotiating agreements, and managing disputes.

Providing legal advice on leasing matters, including drafting and negotiating leases, renewals, and terminations

Assisting with property dispute resolution, including mediation, arbitration, and litigation

Property Acquisition and Disposition

ABL’s Property and Development Team advises on all legal aspects of the acquisition and sale processes, including due diligence, taxation and stamp duty planning and Foreign Investment Review Board requirements. With considerable knowledge of the property investment market, we advise on the establishment of sophisticated property holding structures, such as syndicates, joint ventures and listed funds

Construction and Development

Our team provides expertise at all stages of the project lifecycle, advising on the negotiation, drafting, management and enforcement of building and development agreements This broad expertise means we have the ability to provide clients with the legal foundation necessary to assist clients minimise risks and maximise returns from a construction and development project

Our experience in construction litigation also assists clients to manage and resolve potential disputes as economically and favourably as possible. Our construction experience spans residential (including landmark city towers and broad acre developments), mixed use, commercial, industrial, and retail developments.

Leasing

Our team provides leasing advice to private groups, partnerships, institutions, developers and financiers on all aspects of residential, commercial (including office), industrial and infrastructure projects, including the negotiation, preparation and enforcement of all types of commercial, industrial and retail tenancy documents.

Property Finance

We represent both lenders and borrowers in a wide range of property related finance transactions, working closely with ABL’s Banking & Finance team to advise on all due diligence and transactional elements of a financing transaction

Our experience working on both sides of the finance equation, means we have a strong understanding of the requirements of both parties allows us to negotiate advantageous financial arrangements for our clients.

Planning and Environment

As we act for our clients on all stages of the planning and development process from due diligence through to completion we identify and deal with planning and environment issues upfront. This ensures the smooth delivery and success of development projects By dealing with planning and environment issues in this way, we avoid unnecessary back-end delays and complex litigation, which can run up significant holding costs. This is critical for complex and significant projects.

Typical work – graduates and junior lawyers

Typical work of graduates and junior lawyers in the Property and Development team includes:

Drafting various acquisition and disposition transaction documents, including contracts of sale, agreements for lease, ground leases, side deeds and development agreements

Setting up, monitoring and reviewing electronic data rooms, including maintaining proper disclosure of necessary documents to complete a transaction.

Setting up and monitoring transaction “workspaces” on PEXA and coordinating participation of the various transaction representatives.

Overseeing and coordinating conveyancing processes from exchange to settlement

Drafting various leasing documents including retail and commercial leases and licences and disclosure statements.

Drafting documents in relation to construction projects including consultant agreements and minor works contracts.

Reporting on all legal due diligence matters in respect to a transaction, including title and statutory matters, transactional matters, planning matters and leasing matters

Conducting research on various legal issues or the commercial aspects of a transaction.

Preparing advice on advisory matters including in relation to GST, Stamp Duty and FIRB.

As construction lawyers at Baker McKenzie, we work on high profile construction projects in a variety of industries and sectors, including large government developments, energy infrastructure (e g , renewable energy projects), education and health infrastructure, residential and commercial developments and public and private infrastructure projects

One of the best aspects of being a construction lawyer is the variety of work. You work with anyone who may be involved in constructing the "built environment" to draw up the necessary contracts for work to begin on a project or to help resolve disputes which arise.

Construction practices are generally split in front-end contracting work and back-end litigation work. For example, the team is currently engaged on various stages of construction projects - tender preparation, developing procurement models and risk allocation, drafting construction contracts and associated transaction documents, assisting with contract administration during the term of the project, and finally preparing and defending claims made during the life of the project and post completion (whether in Court or in alternative dispute resolution forums) Our diverse work even extends to insurance claims stemming from construction projects.

Front-end lawyers assist clients from the beginning of a proposed construction project. This includes during identification of the appropriate procurement models (e.g., a Public Private Partnership, or a design and construct model), project financing and throughout tendering processes. They draft the contracts used to govern construction projects, such as large government infrastructure. They also assist by advising clients on market norms and obligations during construction works. A recent example of this is Baker McKenzie advising mRNA Victoria to establish an mRNA vaccine manufacturing facility and research centre in Victoria

Back-end lawyers assist with claims management during the course of a project, including claims for additional costs, additional time to finish the works, any defects and any unexpected effects to the works (e.g., during the COVID pandemic). They represent clients during formal dispute resolution processes to resolve these claims, including negotiation, mediation, expert determination, litigation and arbitration. Back-end lawyers work alongside other consultants and experts such as technical advisors and barristers to wholistically advise clients. For example, Baker McKenzie recently advised a Nordic client in relation to its arbitration and litigation rights and risks in multiple jurisdictions on a large offshore energy project

The distinction between front and back-end work can sometimes be hazy. For example, when assisting a client to understand its legal obligations, this may involve elements of both front-end and back-end work. Advising on contractual obligations can be done to assist a client to understand its deliverables under a contract or to assist a client to defend or prosecute against a contractual counterparty.

Every construction project, similar to every client, is very different This means that as a practitioner we must understand the construction project, our client's business, the project objectives and the relevant industry. Whilst challenging every day, each client and each project presents a diverse suite of work.

Being a global firm, Bakers specialises in cross-border transactions, and we routinely work with our overseas colleagues to manage legal issues in multiple jurisdictions. A recent dispute required our Melbourne and London offices to work closely to manage litigation risk in both jurisdictions.

In terms of work, from the time you join the group as a seasonal clerk or graduate, you assist in preparing contracts and disputes documents and deal directly with clients where appropriate - all while being mentored and trained from senior lawyers Having relatively smaller teams at Bakers means that you get interesting and hands on experience from the outset and some amazing opportunities.

Clayton Utz's Major Projects and Construction team is the leading construction practice in Australia. Every year since the Chambers Asia Pacific Guide was established, we've been acknowledged as a tier one firm for construction and infrastructure – the only Australian firm to accomplish this.

The practice group offers both transactional (front end) and litigious (back end) services and boasts the largest construction infrastructure and major projects capacity in the Australian legal market The Melbourne team has a preeminent market position acting for the Victorian Government in delivering major projects across all industry sectors. The team also acts for the Commonwealth (particularly on Defence projects) and has a range of private sector clients (both owners and contractors) across industry sectors including mining, energy and resources, and transport The team provides "whole of life" service for its clients' projects

No firm comes close in advising on the size, number, and prominence of social infrastructure projects for the Victorian Government. We also have been advising the Victorian Government since 2009 (Black Saturday) on its disaster recovery and reconstruction requirements applicable to floods, storms, and bushfires, including the 2022 Melbourne and regional Victoria floods.

We also have a growing renewable energy practice, acting for first-movers like Fortescue Future Industries on the development of the Gibson Island hydrogen ammonia facility and Kawasaki Heavy Industries on the development of a pilot plant and supply chain for Victoria's first production of hydrogen energy

What makes working for this team particularly rewarding is the opportunity to work on city-shaping projects that are tangible and assist in creating a better society We have a track record of thought leadership in the sector, spearheading new delivery models and consistently innovating in a fastchanging market, drawing on legal expertise, commercial considerations, and technical and practical input.

The front-end practice focuses on procurement strategy, tender preparation and review, and the development and implementation of the documentation and arrangements that allow for major projects and infrastructure to be built and run. Some examples of the types of projects that you could work on include major roads, hospitals, social housing, and prisons. This can include Public Private Partnerships (PPP) which leverage private funding to build public infrastructure. For the delivery and packaging strategy for the entire North East Link Program corridor, for example, we developed a firstin-its kind PPP which included a collaborative approach to cost risk (using an Incentivised Target Cost model within the PPP framework).

The front-end team develops its lawyers to draft agreements which help bring together a range of parties to achieve positive commercial outcomes. You’ll also gain insight into the key stakeholders in the construction industry, an understanding of commercial considerations, and a deeper knowledge of different construction contracts used in major projects.

The back-end team's work is varied, fast paced and exciting. We fill three main roles for our clients.

Firstly, we help them avoid upcoming disputes and mitigating risk, by conducting a robust evaluation of the merits of the parties' position and then having a keen understanding of the strategic drivers underpinning the project. Each matter requires a unique risk assessment, considering community impact if the delivery of major infrastructure is delayed, the intersectionality of any dispute with government policies, and the ultimate need for oversight and accountability of the expenditure of taxpayer money. Secondly, as cost is a concern for all clients, the team routinely advises on and runs Alternative Dispute Resolution processes, such as expert determination. Finally, we conduct litigation and arbitration processes across all industry sectors, in disputes and potential disputes ranging in value from the billions to the thousands of dollars

In this team, you will work on a variety of interesting matters, such as international arbitration, Supreme Court litigation, acting for major clients in disputes worth hundreds of millions of dollars.

Why the Clayton Utz Major Projects and Construction Team? High performance culture

Our friendly and supportive lawyers value collaboration, with a strong focus on mentoring and developing juniors. You’ll also have access to Associate Professor Matthew Bell (Co-Director of Studies, Construction Law, at Melbourne Law School). Matthew is recognised internationally for his expertise in, and contribution to, construction law. He routinely provides updates within construction law but also is a fantastic resource whenever more complex issues arise.

Ownership

Junior lawyers have a high level of ownership over matters which allows them to learn and grow professionally. You’ll be assigned one matter to take the lead on,,with support from seniors and Partners. Lawyers also take on responsibility for the team's advisory work for clients, allowing you to improve your skills in contract interpretation, legal analysis and understanding of commerciality.

Interesting work

The work we do is satisfying because we work on high-profile complex projects that keep the economy moving. The work is tangible and seeing the outcomes around the city is very rewarding. Construction law involves in the intersection of contract, insurance, tort, insolvency, and corporations law (to name a few), while requiring an understanding of technical expertise. This keeps each matter vibrant as you are constantly learning about different industries and applying various areas of law