Property is core business at Anderssens.
Comprehensive advice and insight based on years of experience, delivered using custom built technology - provides you with predictability, efficiency and value.
Planning and Environment
Representing a range of diverse clients in litigation both in the Land Court and the Planning and Environment Court and commercial law jurisdictions, our experience allows us to assess the most appropriate strategy to resolve a matter whether that be by way of mediation, arbitration or if necessary litigation.
As well as utilising the pursuit of the conventional legal pathways to determine a matter formally, the firm has an emphasis on maximising the use of the client’s budget by managing the litigation efficiently. For instance via determination of preliminary points, settlement conferences, expert meetings, use of counsel as required and compromising discrete issues where possible.
Planning and Environment legal services offered:
Town PlanningDue diligence on site selection, planning and development process advice, appeals against refusals and conditions of approval
Compulsory Land AcquisitionResumptions for roads, rail, powerline, gas infrastructure, park and other state or community infrastructure or development
Planning Act (PA)Seeking court declarations for compliance with and/or interpretation of the PA or lawfulness of land use/development
Coal Seam Gas & WaterConduct and Compensation Agreements (CCA’s), Water 'make good' and land rights
The firm has acted on compulsory acquisition claims for dispossessed land owners extensively since the mid 1990s in a diverse range of claims including:
Resumptions for road purposes – including for major infrastructure projects such as Motorway projects, the Hale Street Bypass, tunnel projects and for local roads;
Resumptions for State Development Areas;
Resumptions for rail, powerline and gas infrastructure, park and other community infrastructure.
Acting for clients in compulsory acquisition matters involves an understanding of the planning issues that arise in the assessment of the "highest and best use" of the land and an ability to understand assessment provisions, infrastructure obligations, development constraints, development opportunities and the associated instruments that govern those matters. Comprehension of the scheme of the resumption and ultimately what is required to be considered and what is to be disregarded in the assessment of compensation is also integral and can have a significant impact on the outcome of a claim.
The firm has acted for the dispossessed land owner in a number of the leading recent authorities in this area including:
Inglis and Others v State of Qld (No. 2)  QLAC 3 – a decision that is important in establishing the law as to the application of the Raja principle, land owner’s recovery of disturbance and the considerations that apply to the exercise of the discretion to award interest;
Gold Coast City Council v Halcyon Waters Community Pty Ltd  QLAC 3 - a decision that considered the meaning of the word "adjoining" for s20(3) of the ALA;
DTMR v YMCA of Brisbane  1 QdR 129 - a Court of Appeal decision establishing the entitlement of the disposed owner of DOGIT land to seek compensation;
DTMR v Cidneo (2015) 207 LGERA 448 – a Court of Appeal decision establishing that it is permissible to consider post resumption events not foreseeable at the date of resumption in assessing compensation in some circumstances.
Do you require your property transaction to combat real or potential risks?
Or is it to minimise costs?
Or do you need to simply close a deal quickly and efficiently?
Is it a tenant's market?
Will the terms for a certain premises be competitive in the current market?
In this complex area of law which is governed by multiple layers of legal and tax legislation, it is essential to engage senior lawyers who possess a deep insight, obtained from a wealth of specialist property experience and knowledge of the current property market in Queensland.
Our specialist property lawyers have completed thousands of commercial transactions for private owners and investors, developers, tenants, resort owners, sporting and recreational entities and property advisors. We know how to work in partnership with you to understand what you want to achieve, assess the market context of your particular industry and produce the documents and/or process advice to deliver the commercial outcomes expected.
Our award winning use of technology allows us to offer the following services efficiently and digitally.
What we offer:
Property DevelopmentMajor commercial and residential projects, mixed use developments, golf-courses, shopping centres and strata title
Acquisitions and DisposalsContract negotiation, due diligence, approvals for hotels, large scale development projects.
ConveyancingFull commercial and residential conveyancing for individuals, private investors, super funds, corporate entities.
Rural Property and Agribusiness
Every farming family needs an agribusiness lawyer.
Rural property transactions have unique complexities.
Specialist knowledge of State and Federal laws governing land transactions by primary production entities and a variety of land tenures in rural Australia is required to provide a comprehensive agribusiness property legal service.
We have a rich history of providing legal services to generations of Queensland's pastoral families and innovative new rural enterprises.
Rural property services include: