Property Litigation

With experience working with property stakeholders from tenants to commercial investors, Aptum has the specialist expertise to handle even the most complex property disputes.

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How can Aptum help?

Property involves many stakeholders from planning, development, maintenance, through to sale, which can give rise to a range of disputes.

Aptum has extensive experience representing clients in a deep breadth of property disputes, including: property development; commercial lending for property investment and development; joint venture disputes; commercial and retail leases; contracts for the sale of land; easements; rights of carriageway; and other interests in land.

Our expertise in financial services and commercial litigation provides an essential complement to the types of issues that arise in disputes involving property investment and development.

Aptum and its team have acted on behalf of landlords, tenants, developers, and investors, finding practical solutions to complex disputes, and putting in place strategies to avoid future conflict.

"Prior to using Aptum we had a different team assisting with a critical dispute that was significantly impacting our business. Once Aptum took over I was instantly put at ease with the level of professionalism, strategy coherence and competency that the team brought to our case."

– Andrew Moir (Director), ArcStructural

What makes Aptum different

Specialist expertise

All we do is litigate complex commercial and tax disputes.

Legal intelligence framework

Practical, ongoing risk assessment to focus on the essential.

Project management framework

Routine documented strategy through custom project management.

Case Study

An accomplished farmer has his property protected in a family trusts dispute

Problem: Our client was a farmer who had spent approximately 60 years prior to the dispute establishing and developing numerous farms that had grown to a combined value of more than AUD$15M.

The properties for these farms were held in a property trust, of which our client’s son and his son’s wife were named beneficiaries of the trust, as well as directors of the corporate trustee. Our client was named as a general beneficiary and a director of the corporate trustee.

When the farmer’s son and the son’s wife decided to separate, they became engaged in a family law dispute relating to the division of the trust property. The wife sought a 50% distribution from the trust on the basis that the husband and wife were entitled to 100% of the trust between them, ignoring our client’s interest and significant contribution to the trust.

Aptum’s role: Before Aptum was engaged, our client was effectively being ignored by the other parties to the divorce proceedings.

Using specialist corporate trust experience, Aptum’s role became to intervene in the proceedings on our client’s behalf so he could protect his interest in the trust.

Outcome: A negotiated outcome to this matter was achieved prior to trial that properly recognised and protected our client’s interest in the property.

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