Specialists in property and leasing transactions
Helping clients manage property in our cities, on our coasts, in regional centres and across the regions and outback Queensland.
For more than 127 years, Thynne + Macartney has helped clients to buy, sell, develop, lease and manage their property interests.
Our team's focus on Queensland means that we are working every day with the legislation, regulations and local council by-laws affecting all stages of property development and the property cycle.
acquisition and disposals
structuring
developments (including strata title projects and off the plan)
leasing for landlords, tenants and property managers
leasing disputes
rights and obligations of landlords and tenants under leases
GST and transfer duty advice
heritage and local government issues
compulsory land acquisitions and compensation
With experience spanning commercial, retail, industrial, rural and residential properties, we often act for the same client, or generations of the same family, across their property portfolios for many years. Our lawyers have even been involved in the sale or purchase of the same property multiple times – the current firm record is five! Clients with national operations also involve us with management of their property assets across Australia.
Thynne + Macartney is actively involved in the future of the property industry in Queensland and participates in:
Urban Development Institute of Australia
Queensland Environmental Law Association
Planning Institute of Australia
Whatever your property interests – we're with you.
Aaron Webb
Partner Ph: +61 7 3231 8845 Email: awebb@thymac.com.au
Sue Maxwell
Partner Ph: +61 7 3231 8889 Email: smaxwell@thymac.com.au
Cameron Graham
Partner Ph: +61 7 3231 8858 Email: cgraham@thymac.com.au
COVID-19 regulations for commercial leases extended by Queensland Government
Coronavirus Alert: COVID-19 Regulation for commercial leases to be extended
Thynne + Macartney a Finalist for Property Team of the Year
Coronavirus Alert: COVID-19 regulations for commercial leases passed by Queensland Government
Thynne + Macartney has recently served as the law firm acting on my behalf with respect to a land resumption dispute with the City of Brisbane. I am pleased to report that the dispute was settled to my complete satisfaction. While significant time and money was spent upfront on discovery and expert advisory services, the ultimate settlement arose from mediation (as the Firm predicted) which, in turn, obviated the need for expensive trial litigation before the Land Court.
The ultimate result was a proverbial "win-win" for both parties.
Thynne + Macartney is registered as a pre-qualified Legal Service supplier for Queensland Local Governments (and other defined Purchasers) in accordance with the requirements of the Local Government Act 2009 (the "Act") and Local Government Regulation 2012 (the "Regulation").
private and ASX-listed corporations
rural conglomerates and primary producers
inbound investors
not-for-profit organisations
Resumption of land
Our team of specialists in urban resumptions use their extensive experience to help clients be better informed about their rights as they negotiate for compensation. We are experts in the Acquisition of Land Act 1967 and its powers to resume land for purposes such as road or water infrastructure, among others.
Case Study A
A property located near the border of Logan City was resumed by the Brisbane City Council. Proceedings were commenced for recovery of compensation in the Land Court. The Brisbane City Council had paid an advance against compensation (this is the resuming authority's estimate of the claimant's entitlement to compensation) of about $2.5M. This property had the potential to be developed as a large residential subdivision. In order to substantiate the client's entitlement to compensation, on the basis of the highest and best use to which the land could have been put, it was necessary to prove that, but for the resumption, development could have taken place. This involved the complexities of town planning approval including incidental matters such as civil engineering and traffic. The matter was further complicated by the presence of very rare fauna and its preservation. Immediately prior to commencement of the trial the compensation amount was resolved directly between Peter and the then Lord Mayor of Brisbane and resulted in agreement in an amount of compensation which was four times greater than the amount which the Brisbane City Council had initially advanced.
Case Study B
Peter represented a business owner/tenant and a land owner both of whom were affected by the resumption by Translink of business premises. The implications of the resumption on the business of the business owner/tenant were very far reaching as, in order to preserve its business, it had to either relocate nearby (this was a very expensive option) or relocate its entire business (including divisions which were not affected by the resumption) to a new site. Translink argued the business owner/tenant was not entitled to be compensated for the cost of the options which the business owner believed had to be implemented in order to save its business. Eventually a multi‑million dollar sum was paid by Translink in respect of the disturbance of the tenant's business. Additionally, the claimant land owner received satisfactory compensation in respect of the loss of its land. Although a formal claim for compensation was made, no court proceedings were commenced and the compensation was received by the claimants much earlier than would have been the case had proceedings been commenced.
Case Study C
Most recently Peter represented a dispossessed owner of a property in Parkinson which was resumed by the Brisbane City Council. Proceedings were commenced in the Land Court and the Council paid an advance against compensation. The dispute resolved itself at mediation and the claimant was paid an amount more than double the amount which the Council had contended was the value of the land. The proof of the validity of the claimant's entitlement to compensation was complicated as, in order to substantiate the potential value of the land, it was necessary to establish that the property had development potential, which potential was denied by the Council.
In FY1920, lawyers across the firm advised on property transactions exceedings $1.04 billion in value.
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Aaron Webb is one of only 28 Queensland Law Society Accredited Specialists in Property Law
Accredited Specialists are lawyers who have successfully completed an advanced, peer-reviewed assessment program specific to their area of expertise, demonstrating their high level of knowledge and skills in that area.
Only lawyers, not law practices, can be Accredited Specialists.
Learn more about Aaron
Sue Maxwell – (2019-2021)
Leasing Law
Aaron Webb – (2021)
Aaron Webb – (2017-2021)
Aaron Webb – Recommended (2019-2020)
Cameron Graham – Recommended (2018-2020), Leading (2017)
Leading Law Firm – Recommended (2018-2020)
Aaron Webb – Recommended (2018 & 2020)
Cameron Graham – Recommended (2014-2018)
Aaron Webb, Real Estate – Finalist (2018)
Property – Finalist (2017 & 2020)
Law Firm – Tier 5
mail@thymac.com.au
Level 32, Riverside Centre
123 Eagle Street
Cairns Office
Level 1, Moresby Haus
© Thynne + Macartney 2021