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Property Development and Business Transactions Kells acts for a portfolio of clients from private to public entities covering all aspects of commercial property transactions and leasing. From simple transactions and leasing and licensing to the most complex and structured deals, we have the experience and know-how to skilfully negotiate best outcomes for our clients and to protect property assets. Our lawyers have acted in thousands of property and business transactions and are particularly experienced in: Acting for property developers Acquiring sites through option or purchase agreements Structuring development vehicles Undertaking due diligence inquiries Planning applications acquiring sites through option or purchase agreements Financing Construction Sales to end-purchasers. We act for developers of greenfield land subdivisions, townhouse and multi-apartment tower developments, community titled neighbourhoods, shopping centres, commercial premises, as well as industrial developments in heavy industry zoning areas and key sites within and nearby to ports. Our lawyers adopt a pragmatic results-focused approach when providing advice and opinions. We can also be nimble and assertive to give our clients the edge needed to secure deals. Being energetic and demonstrating a go-ahead nature is what attracts clients to our team. We are always up to date with legislative changes and economic market conditions affecting the property and construction industries. More than any other skill, we listen to our clients so we can anticipate results. Engaging with us early means we can consider all aspects of a transaction and then work hard to close the deal maximising our clients’ returns and outcomes. We do this because we care about our clients and predict their needs.

Our team’s knowledge of the banking and finance industry, both from the borrower and lender perspectives, extends beyond traditional loan and security documentation to the provision of commercial and strategic advice. Our team acts for institutional lenders – including banks and credit unions, private lenders, commercial borrowers and personal borrowers. Lenders Our team is experienced in both loan origination and enforcement. Loan origination We have documented more than 12,000 consumer and commercial loans with varying levels of security – unsecured, mortgage, security interest, guarantee or caveat. Our focus is on accuracy and prompt turnaround times, ensuring that our clients can meet the tight timeframes often needed by their borrower clients. We draft and update our clients’ template loan and security documents, so that they are compliant and legally enforceable, as well as providing advice as required on trust deeds, building contracts, presales contracts and other due diligence. PPSR We can manage our lender clients’ registrations on the Personal Property Securities Register, ensuring that registrations over personal property are made in time and correctly, so that they are legally enforceable. Enforcement We have acted on more than 800 possession and mortgagee sale matters, including complex fraud and unconscionable conduct cases. Borrowers We assist borrowers by developing strategies for financing, including security structures and negotiating borrowing terms. We can advise on a range of lending arrangements, including traditional mortgage and charge finance, equipment finance, reverse mortgages and guarantees. Many of our clients regularly lend money to and from their various company entities, and we can work with their accountants to document and effectively secure these intercompany loans.

At Kells we can identify the key considerations that arise at every stage of the business life cycle. Whether you are starting a business and looking for legal advice, looking for a business lawyer to assist with commercial litigation or planning to buy or sell a business, our team of business lawyers can help. While Kells provides all of the legal services required by business and corporate clients, we recognise that legal advice and documentation is not a ‘one size fits all’ process. Kells does not require you and your business to fit the products and services that we offer. Instead, we take the time to understand your needs and deliver solutions and outcomes that enhance and grow your business. Our team of lawyers develop long lasting relationships with our clients so you can rely on us as your trusted business advisors. We provide honest, straightforward advice and practical, cost-effective solutions based on real-life experience.