Practice Expertise

  • Real estate
  • Education
  •  
  •  

Areas of Practice

  • Education
  • Real estate
  • Education | Higher Education
  • Education | Vocational Education and ...
  • Government team
  • Leasing
  • Procurement and project delivery
  • Property
  • Property development
  • Real estate transactions
  • View More

Profile

He works with private and public sector clients and draws on more than 20 years' experience to advise on the full spectrum of property, infrastructure and resource projects. With exceptional project management skills and a commercial approach, Lee works closely with his clients to achieve outcomes. Based on experience working in-house for government early in his career, Lee also offers both private and government clients an advanced understanding of the political, policy and administrative environments in which they operate.

He has particular market expertise in complex large scale urban renewal, major residential and mixed use developments (including social housing, affordable housing and student accommodation), complex land tenure for major industrial and infrastructure projects and statutory interpretation, policy and strategic advice.

Lee has had a lead role advising on many of Western Australia's landmark property developments and strategic transactions including each of the 2020 Perth City Deal projects such as ECU City Campus and East Perth Power Station and has been a lead advisor for more than 10 years on transformational urban renewal projects in Perth such as Elizabeth Quay and Perth City Link.

Lee is a member of MinterEllison's board and is a member of the Law Society of Western Australia's pro bono committee.

Lee is recognised by Best Lawyers (Property) and Doyle's Guide (Property).

Career highlights

Advising DevelopmentWA (and formerly the Metropolitan Redevelopment Authority) in relation to the procurement, documentation and negotiation of WA's major development and infrastructure projects such as:

  • Elizabeth Quay (disposal and development of various lots; precinct management arrangements and normalisation)
  • Perth City Link (including documenting and negotiating the original land assembly; drafting and negotiating agreements for the sale and development of the majority of lots within the precinct and drafting and negotiating a suite of easements and covenants to manage the interface between the proposed above ground development and the underground public transport infrastructure)
  • Ocean Reef Marina (including documenting and negotiating land assembly arrangements with various State and local government stakeholders and negotiating the terms for a renewable energy microgrid for the new mixed use precinct)
  • Peel Business Park Microgrid Project
  • Murdoch Health and Knowledge Precinct
  • Montario Quarter, Shenton Park
  • Alkimos Central Development (Transit Oriented Development)

Advising the State on all land tenure aspects of the Ord East Kimberley Expansion Project; developing, drafting and negotiating with the proponent and other stakeholders the underlying land tenure model, including relevant aspects of Development Agreement and a suite of bespoke leases, licences and easements and other instruments; negotiating land access and use arrangements with mining tenement holders to manage overlap of inconsistent land uses.

Advising ECU on $695 million new City Campus development, announced in late 2020 as a key part of the Perth City Deal including drafting and negotiating all funding and land tenure agreements.

Advising the Industrial Lands Authority across its portfolio of major industrial development leases and ancillary arrangements, including for the multi-billion Perdaman Urea project in the Burrup, Peel Business Park MicroGrid and the Australian Marine Complex (tenure and facility management arrangements).

Advising major national developer Frasers on all aspects of their residential developments in WA

Advising each of Western Australia's universities on a range of property transactions and major projects including:

  • the proposed new $320 m DPIRD Biosecurity and Research Facility at Murdoch University's South St Campus
  • The Indian Ocean Marine Research Institute and Forrest Hall I &II for the University of Western Australia
  • Wanneroo and Yanchep Super Clinics for Edith Cowan University
  • a range of matters relating to the development and diversification of the University's campuses and broader property portfolio including student accommodation; collaboration hubs; and compliance with statutory and governance requirements.

Advising the original proponent Kwinana Waste to Energy Project on all land tenure and approvals aspects of this first of its kind project in Australia.

Advising many of the largest renewables companies in Australia on land tenure and approvals requirements for renewable energy projects in WA

Advising on and documenting a number of property acquisitions and disposals in Western Australia for the Cwth Department of Defence.

Advising Southern Metropolitan Regional Council on many substantial waste projects and strategic procurements, including waste to energy

Advising many of WA's largest local government authorities including City of Perth, City of Vincent and City of Swan in relation to strategic and high value property and infrastructure projects.

Education
LLB, B ECONS

Areas of Practice

  • Education
  • Real estate
  • Education | Higher Education
  • Education | Vocational Education and Training (VET)
  • Government team
  • Leasing
  • Procurement and project delivery
  • Property
  • Property development
  • Real estate transactions

Professional Career

Professional Associations
  • Law Society WA Environment
  • Law Society WA , England & Wales
  • National Environment Law Association
  • Australia Land and Groundwater Association


Articles

  • Climate change risks for local governments

    Local governments will have to address risks to physical assets and infrastructure, economic transition issues and litigation factors arising from the effects of climate change.

  • The future of Australia's higher education sector: Unravelling the Accord Interim Report

    The Australian Universities Accord Interim Report has now been released, raising immediate issues that should be given due consideration by the sector.

  • Is a community scheme the right tenure for your development in WA?

    When will it be beneficial to use a community scheme? We explore the key considerations for developers, planning requirements that must be complied with and timelines for approval and implementation.

     

  • Recent amendments to the Local Government Act in WA and new regulations

    New model standards for the recruitment, performance review and termination of local government CEOs and new requirements for local government codes of conduct came into operation on 3 February 2021.

  • Legal Update: Local Government Amendment Bill 2023

    We provide a breakdown of the recent proposed reforms to the Local Government Act 1995 (WA), and how the local government sector is changing.

     

  • Community schemes and community titles tenure have finally arrived in WA

    We outline the new community titles tenure in Western Australia, the considerations for developers, and provide a Quick Reference Guide to published materials.

  • COVID-19: WA legislation provides relief for commercial tenants

    The Western Australian Parliament has introduced legislation to provide relief for small commercial (including retail) tenants who are suffering financial hardship as a result of the COVID-19 pandemic. We are closing monitoring the progress of the situation and explain the application of both the Code Bill and Termination Bill in this article.

  • The container deposit scheme is on the way in 2020

    The container deposit scheme will commence on 2 June 2020, providing new opportunities for local governments.

  • WA local government regulation updates in response to COVID-19 impacts

    We have seen further amendments to local government regulation in response to the COVID-19 pandemic. The latest changes include a report on Local Government Authority procurement and contracting practices, and a new short term loan facility to provide liquidity to local governments.

     

  • Tougher penalties for real estate agents and property managers in WA

    Amendments to the Real Estate and Business Agents Act 1978 (WA) (Act) have come into effect, which have increased the maximum fines that may be imposed (in instances of some of the more serious contraventions) to as much as $100,000. The maximum penalty of two years' imprisonment has also been introduced in relation to certain trust offences.

  • Timetable for Implementation of Strata Titles and Community Titles Reforms

    The Strata Titles Amendment Act 2018 and the Community Titles Act 2018 passed through the Western Australian Parliament on 1 and 6 November 2018 respectively.

  • Developing our university campuses: the importance of place activation

    We are seeing an unprecedented level of development activity as universities around Australia are undertaking transformational campus development and renewal together with the private sector.

  • COVID-19: Local Government Regulation amendments will impact borrowing, contracting and procurement

    The COVID-19 pandemic has caused massive disruption to organisations across Australia. In this update, we consider the recent amendments to the local government regulations and the impacts of COVID-19 on borrowing, contracting and procurement by local government authorities.

  • Reforms to Local Government Act for WA Local Government Operations

    The Local Government Review Panel's final report contains 65 recommendations for a new Local Government Act in Western Australia. In Part 2 of our 2 part series, we summarise the recommendations relating to local government operations.

  • Where does the 'university' lawyer add value?
    "Act quickly, think slowly", was the message from Carolyn Evans, University of Melbourne Deputy Vice-Chancellor and Deputy Provost, to attendees at the SOUL Annual Conference.
  • What does Western Australia's new Procurement Bill mean for you?

    The Procurement Bill 2020 (once passed) will replace the current State Supply Commission Act 1991 procurement framework and establish a more efficient, flexible, accountable and centralised system for the procurement of goods, services and works by State agencies.

  • Overview of stage two reforms of the Local Government Act 1995 (WA)

    Stage two of the Local Government Act 1995 (WA) (LG Act) review has commenced, with a focus on making it agile, smart and inclusive. We identify the key reforms proposed during the consultations held by the Department throughout Western Australian regions.

  • Diversification leases in WA greater opportunities for renewable energy projects

    We explore what are the opportunities arising from the new form of land tenure known as a 'diversification lease', which is proposed in amendments to the Land Administration Act 1997 (WA) recently introduced into Parliament.

  • COVID-19: Commercial tenancies legislation implications for university campuses

    Universities and other providers around the country are dealing with unprecedented disruption. With campuses effectively closing down for an indefinite period of time, commercial and retail tenants who rely on staff and students for their business are seeking relief from their university landlords.

  • Reforms to Local Government Act for WA Council Governance

    The Local Government Review Panel's final report contains 65 recommendations for a new Local Government Act in Western Australia. In Part 1 of our 2 part series, we summarise the recommendations relating to Council governance.

     

  • University Land Tax Concessions: Is your tenanted land exempt?

    The extent of a university's land tax exemption was tested in a recent case in Victoria, which confirmed that land leased by a university to third parties can still be exempt from land tax.

  • Kwinana Waste-to-Energy Project reaches financial close

    MinterEllison has advised Phoenix Energy and Macquarie Capital on the land tenure arrangements for their Kwinana Waste-to-Energy Project.

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