name

Amy Southwell

Partner
Firm Logo

MinterEllison

Sydney, Australia
    Local Time: Sunday 23:32

Practice Expertise

  • Real estate
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Areas of Practice

  • Real estate
  • COVID 19 team
  • Property
  • Property development

WSG Practice Industries

WSG Leadership

  • WSG Coronavirus Task Force Group - Member

Profile

My clients include Lendlease, Dexus, Stockland, Charter Hall, GPT, Brookfield, QIC, Mirvac, Challenger, Aqualand, Growthpoint, the Commonwealth Bank, AMP Capital, Toga, Woolworths and the NSW Government.

For over 15 years, I have successfully acted in commercial litigation of a complex nature on behalf of leading landlords, property investment groups, property developers, the NSW Government and statutory corporations, tenants, banks, construction and building product companies, and private net worth individuals.

Career highlights

I act for landlords in the Sydney CBD and in regional NSW in relation to all industrial, commercial and retail lease disputes. I also act for property developers in relation to any disputes concerning land, including, contracts for sale of land, development agreements and put and call option disputes.

My team and I mostly conduct litigation in the Real Property List of the NSW Supreme Court, Equity Division, the NSW Court of Appeal, the NSW Civil and Administrative Tribunal and before the Appeal Panel.

I advise on a broad range of property disputes and commercial and retail leasing disputes. This frequently includes the giving of advice in relation to issues of contract interpretation and the application of the Retail Leases Act 1994 (NSW). My team and I provide daily advice to asset and centre managers in relation to tenancy management issues, including refurbishment, relocation and demolition, rent review disputes, the exercise of options to renew, debt recovery, termination and make good, abandonment of premises and third part property, the COVID-19 Code of Conduct and the NSW Regulation, tenants in administration and liquidation. I have a particular interest in advising landlords in relation to the large scale redevelopment of CBD and regional assets and the issues which commonly arise in the context of refurbishment, demolition and relocation.

I also act for developers in connection with all types of land disputes, such as, seeking to enforce contracts for the sale of land, put and call option disputes, damages claims, breaches of vendor disclosure obligations and misleading or deceptive conduct allegations.
I have a particular interest advising vendors in relation to off the plan residential developments and deposit retention structures, particularly in relation to the acquisition of significant residential assets ($100 million residential sales and deposit structures to protect vendor retention in circumstances of purchaser default).

Over the past 15 years, I have a proven track record of continuously achieving successful outcomes for clients in litigation and dispute resolution, through focused settlement strategy, including having:

  • successfully resolved industrial, commercial and retail leasing disputes on behalf of Lendlease, Dexus, Stockland, Charter Hall, GPT, Brookfield, QIC, Mirvac, the Commonwealth Bank, AMP Capital, Challenger, Toga, Growthpoint, Woolworths and the NSW Government;
  • successfully advised Dexus in relation to resolving commercial and retail lease disputes in the Sydney CBD, including, in Martin Place and the MLC Centre, and advising in relation to its NSW leasing portfolio during the COVID-19 pandemic period;
  • successfully acted on behalf of Lendlease in settling NSW Supreme Court proceedings (residential property and leasing disputes), and advising in relation to its NSW leasing portfolio during the COVID-19 pandemic period;
  • successfully advised Stockland in relation to large scale commercial developments and advising in relation to its NSW leasing portfolio during the COVID-19 pandemic period;
  • successfully acted on behalf of Voyages Tourism to resist an application brought by a commercial tenant, seeking relief against forfeiture in the NSW Supreme Court;
  • successfully acted on behalf of Growthpoint to resist an application brought by a commercial tenant, seeking relief against forfeiture in the NSW Supreme Court;
  • successfully acted on behalf of UrbanGrowth NSW, defending Supreme Court proceedings commenced by Meriton (judicial review proceedings) and a related application filed by Meriton in NCAT seeking access to government information under the GIPA Act;
  • successfully acted on behalf of the Sydney Opera House to resolve a retail tenancy dispute;
  • successfully acted on behalf of the Office of Environment and Heritage NSW, in its capacity as landlord, settling a commercial leasing dispute;
  • advising Property NSW in relation to the termination of residential tenancies in the Rocks NSW to enable a large scale redevelopment;
  • successfully acted on behalf of TriCare Limited, at first instance and on appeal, in respect of litigation concerning the development of an aged care facility at Hastings Point NSW and the termination of residential site agreements under the Residential Parks Act 1998 (NSW); and
  • successfully acted for CSR in relation to a commercial and professional negligence dispute in the Supreme Court Equity division, to facilitate a successful commercial settlement.

Education
BA (UNIVERSITY OF NEW SOUTH WALES); LLB (UNIVERSITY OF NEW SOUTH WALES); GRAD DIPLOMA IN LEGAL PRACTICE (UNIVERSITY OF TECHNOLOGY, SYDNEY)

Areas of Practice

  • Real estate
  • COVID 19 team
  • Property
  • Property development

Professional Career



Professional Associations
  • Law Society of NSW, Litigation, Law and Practice Committee
  • Amy has published articles in the NSW Law Society Journal

Articles

  • Development for administrators preserving business value during COVID-19 hibernation

    A Federal Court of Australia decision has set the scene for providing flexibility to administrators in entering into good faith negotiations with commercial or retail landlords.

  • Whose property is it now? Landlords, liquidators and abandoned premises

    A tenant abandons the premises, their property and equipment. What rights do landlord's have when a liquidator is appointed and disclaims the lease?

     

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