Phillip Minas

Expertise

Phillip specialises in property transactions, including residential, commercial and rural acquisitions and disposals. Key aspects of acting on these transactions involves title and planning due diligence, contract negotiations, ensuring compliance with FIRB and other legislative requirements, advising on stamp duty and GST issues affecting property and effecting settlement.

Phillip has also assists colleagues and clients with historical title searching, including reviewing old system and Crown grants to trace back the history of how titles and/or easements were created.  This information often assists clients who require due diligence, valuation or planning advice.

Phillip also advises and acts on all aspects of the life cycle of ‘off the plan’ property developments, including acquiring the development site, preparing and developing appropriate governance, title and subdivision structures (e.g. strata or community schemes), drafting master contracts for sale and coordinating the sales process, including negotiating with purchasers’ lawyers, dealing with agents and managing bulk completions. Phillip has also advised and assisted vendors on various purchaser complaints, including misrepresentations by developers and agents and substantial or material differences between draft and registered plans of subdivision.

Phillip has experience acting on various types of leasing matters, including drafting and reviewing retail, commercial, industrial and telecommunication leases and licences. Phillip also assists on disputes between landlords and tenants, including drafting breach notices and advising landlords on their right to terminate a lease and re-enter a premises.

Phillip has experience dealing with agency agreements, including drafting and reviewing exclusive and open agency agreements to ensure compliance with the Property and Stock Agents Act.

Phillip has also been previously seconded to a publicly listed company and assisted their legal team on a range of issues including property matters, regulatory compliance and risk management.

Experience

Phillip’s recent experience includes:

• advising a local Council in relation to the dedication of land from a developer in exchange for Section 7.11 Contributions
• advising on the disposal of a suite of commercial and industrial assets owned by different government agencies, including advising on the appropriate transaction structure, considering probity issues, negotiating documents with prospective purchasers, attending auctions and completing settlements (both electronically via PEXA and in person)
• advising TfNSW (formerly RMS) on various property related matters, including acquisitions for road purposes, settling disputes with neighbouring landowners encroaching on TfNSW land, dealings with water access licences, creating and releasing easements over TfNSW land and dealing with subdivisions relating to Sydney Harbour
• ‘off the plan’ residential developments comprising strata and community lots, vacant land, display villages and lots subject to put and call option deeds
• the acquisition of a 50% interest in a large shopping centre located in the Sydney CBD, which also included reviewing and considering the existing Building Management Statement and Joint Ownership Agreement
• preparing an easement and title due diligence report for a large water provider in relation to their pipeline infrastructure servicing the Sydney basin
• the disposal of two blocks of student accommodation for a combined value of over $400 million
• the acquisition of a 25% interest in 20 shopping centres located around Australia (including NSW, VIC, WA, QLD, SA and ACT)
• the bulk acquisition of entire strata schemes for the purpose of redevelopment, including drafting call option deeds, contracts for sale and advising on the process for terminating the strata scheme
• other property transactions, including complying with requirements of voluntary planning agreements (VPAs) and transferring water access licences
• drafting titling documents including precinct and community management statements for the governance of new residential developments
• the divestment of residential and commercial property portfolios for listed companies and liquidators
• managing the leasing of a commercial office tower in Sydney’s CBD
• the sale, by way of tender, of heritage floor space credits on behalf of Property NSW.