Securing Real Estate Assets.
End-to-end legal support for commercial, industrial, and residential property transactions. Over $200M in property transactions managed.
Property Law for Cross-Border Investors
Whether you are an international developer acquiring a site or a local business negotiating a lease, our property team ensures your interests are secured.
For foreign investors, Australian property law presents unique challenges — FIRB approvals, stamp duty surcharges, land tax surcharges, and restrictions on certain property types. Our team navigates these complexities daily.
We work closely with our corporate and immigration teams when property transactions are part of a broader market entry strategy, ensuring seamless coordination across all legal requirements.
For Foreign Property Investors
Property & Conveyancing Services
Commercial & Retail Leasing
Drafting and negotiating leases for landlords and tenants with Retail Leases Act compliance and rent review mechanisms.
Acquisitions & Disposals
End-to-end conveyancing for commercial buildings, industrial properties, and development sites.
Property Development
Subdivision advice, off-the-plan contracts, joint development agreements, and strata title creation.
Due Diligence
Title searches, covenant reviews, planning restriction checks, environmental assessments, and encumbrance analysis.
FIRB Property Approvals
Managing foreign investment approvals for Australian property purchases including conditions compliance.
Property Finance
Reviewing mortgage documentation, security structures, and finance conditions to protect your interests.
Asset Classes We Cover
Commercial Office
CBD and metropolitan office acquisitions, disposals, and leasing.
Industrial & Warehouse
Large-format industrial properties and logistics facilities.
Retail & Hospitality
Shopping centres, strip retail, and hospitality venues.
Development Sites
Greenfield and infill sites with planning permits.
Residential Investment
Multi-unit investments and FIRB-compliant foreign acquisitions.
Agricultural & Rural
Broadacre farming, agribusiness, and water entitlements.
How We Handle Property Transactions
Pre-Contract Review
Review the contract of sale, identify risks, negotiate amendments, and advise on conditions.
Due Diligence
Title searches, planning checks, encumbrance review, and zoning verification.
Contract Exchange
Manage the exchange process and coordinate deposit arrangements.
Settlement
Coordinate with all parties for smooth, on-time settlement and title registration.
Property Law Questions Answered
Yes. Most foreign persons require Foreign Investment Review Board (FIRB) approval before purchasing Australian residential or commercial property. For Indian and Malaysian buyers, the approval thresholds differ: residential property purchases by foreign persons generally require approval regardless of value, while commercial property acquisitions are screened above the relevant monetary threshold. We manage the full FIRB application process as part of every cross-border property acquisition.
Foreign property buyers in Victoria face: Foreign Purchaser Additional Duty (FPAD) of 8% on top of standard stamp duty on residential properties; Land Tax Absentee Owner Surcharge of 2% annually (if you are an absentee or foreign person); and Residential Land Withholding Tax (RLWT) of 12.5% withheld on the purchase price when buying from a foreign person. For commercial property, GST treatment on the sale must also be considered. We provide a complete tax impact analysis before every foreign property acquisition.
A standard Victorian property purchase — from contract exchange to settlement — typically takes 30-90 days depending on the contract conditions. Off-the-plan purchases can involve much longer settlement periods (often 12-24 months). For buyers requiring FIRB approval, add approximately 30 days for the FIRB process. We coordinate all parties (lenders, agents, vendors) to ensure on-time settlement.
Property due diligence involves investigating the property before becoming legally committed to purchase. We conduct: title searches (to verify the vendor's title and identify encumbrances), planning and zoning checks (to confirm permitted uses and any overlay restrictions), council rate and water authority searches, building permits history, vendor's section 32 statement review, and environmental compliance checks. Thorough due diligence protects you from inheriting unforeseen obligations or restrictions.
Yes, but with important considerations. Foreign persons who are beneficiaries or trustees of trusts may be treated as foreign persons for FIRB and stamp duty surcharge purposes — even if the trust is established under Australian law. Discretionary trusts with foreign persons as potential beneficiaries typically attract the same FIRB requirements and stamp duty surcharges. We structure property holding arrangements to legally optimize tax outcomes while maintaining full compliance with FIRB and surcharge rules.
Related Services & Reading
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