Nick Holuigue Partner

Background

Nick has extensive experience in advising on a myriad of real estate transactions. He acts for developers (listed companies and private), financial institutions, vendors, purchasers, landlords and tenants. Nick has wide experience in off-the-plan residential and industrial developments in and around Melbourne from acquisition, documenting agreements with land owners and/or joint ventures through to master planned community structuring and delivery of subdivisions and sales.

Legal Expertise

• Community Master Planning
• Shopping Centre and Bulky Goods Centres
• Insolvency related property disposal
• Joint venture advice
• Property acquisitions and disposals
• Property development
• Subdivisions

Recognition

Nick is acknowledged in a number of directories, including:

• The Australian Financial Review’s Best Lawyers in the category of Real Property Law from 2014 – 2018.
• Chambers Asia Pacific 2017 stating that he is “acknowledged for his ability to offer immediate guidance on residential property developments.”
• Doyle’s Guide 2016, Nick is recommended for Property & Real Estate.
• Legal 500 Asia Pacific 2016, 2018, Nick is recommended for Real Estate.
• Doyle’s Guide 2015, Nick is recommended for Real Estate.
• Chambers Asia Pacific 2015 stating that he is a “is known for his work for developers, and is adept at handling off-plan residential and industrial developments from the first acquisition to final sale.” 
• Listed as a leading lawyer for property & real estate in the latest Doyle’s Guide rankings.
• Chambers Global 2012 stated that he has been active in some of Maddocks’ most significant recent private sector deals.
• Chambers Global 2010/11 with clients stating that he “understands both legal and commercial issues, so can prioritise effectively. He is a trusted adviser to many of the major developers.”
• The Asia Pacific Legal 500 2010/2011 recommends Nick with clients reporting that he provides “informed advice based on long experience.“

Relevant Experience

• Acting for Valad Group in the acquisition of various sites including Shepparton Homemaker Centre and the former Pentridge Prison site in Coburg for over $40 million including large scale due diligence management, facilitating Valad stepping into and negotiating the terms of an existing construction contract, existing pre-sale contracts, various lease and licence agreements and managing existing litigious disputes.  Negotiation of the terms of the contract of sale for the site, including consideration a vast array of development issues ranging from contamination to ongoing strategies for facilitating development over 8-10 years within existing bodies corporate and particularly the new Owners Corporation Act 2006.  Since acquisition, advising on ongoing structuring, subdivision, development and conveyancing management of two towers within the site.
• Advising AV Jennings on various property acquisitions and disposals of greenfield residential estates including all due diligence, duty and ancillary joint venture establishment.
• Advising KordaMentha on various property insolvency matters, including the recent completion of disposal of the Ivanhoe mixed use development comprising Safeway, Quest Serviced Apartments and residential units and associated owner’s corporation advice.
• Advising the Altair Property Group in the development of Wyndham Harbour marina. The project includes a 750 berth deep water marina, retail units, apartments, townhouses and land lots. Advised in connection with the structure to deliver the marina, finance re-structure, construction procurement, establishment of the owners corporation structure, the tenure for the marina berths to mitigate stamp duty issues and regulatory and governance issues arising from the Trade Practices Act 1974 (now the Competition and Consumer Act 2010).
• Advising on the purchase of the World Trade Centre (WTC), which is likely to be the largest property transaction in Melbourne this year ($112 million).  Carried out due diligence, negotiated, structured and completed the acquisition of the majority of the WTC on behalf of Asset 1.  Acting for the landlords ongoing redevelopment and leasing, including in its negotiations to secure and retain anchor tenants for the centre including negotiation of agreements to lease and the redevelopment of the centre.
  Evolve Developments – exclusive provider of all legal services to Ron Walker’s private development vehicle including:
  • joint venture agreements concerning its proposed development of the former Woolstores in Williamstown;
  • various mixed use residential projects, including Coco Apartments in Prahran, Rosso Apartments in Carlton, George in North Melbourne, Guilfoyle in South Melbourne and Monarc in Melbourne where we advised on acquisition of the sites, the development stage including construction advice (building contract), owners corporation structuring, financial close and conveyancing management;
  • joint venture agreements with both institutional and private parties on various projects, including Urban Growth Boundary land speculations/acquisitions; and
  • the acquisition and management of Summerhill in Harvest Home Road, Epping, a 800+ lot development from Australand in 2008, including development advice and advising on built form restrictions, negotiating Section 173 Agreements, establishment of template sale contracts, display village contracts and the provision of all conveyancing services.
• Advising Trinity Funds Management on a variety of Victorian real estate assets including lease portfolio management for various business parks, the due diligence of significant CBD sites and owners corporation strategies for existing holdings.
• Advising on the establishment of The Resort, Torquay,  The Resort is a mixed use residential and retirement village community for 180 residents with a project cost of $90 million.  Advice required advising on structuring, subdivision and statutory compliance issues including the Retirement Villages Act 1986 (Vic).
• Advising Australian Leisure and Hospitality (ALH) on all property related legal aspects associated with its $700 million plus listing on the ASX and its relationship with the newly created ALE Property Group.  The advice required structuring the portfolio of 131 hotels across Australia including leasing, liquor, gaming and related compliance advice.  Agreements were also negotiated and settled to retain for ALH development rights across the majority of the portfolio.
• Advising various institutions on the receivership disposals of property assets, including CBA, St George, McGrath Nicol, KordaMentha, Price Waterhouse Coopers and PPB.
• Armstrong Creek Development Corporation – advising the land owners on consolidation of in excess of 30 independent landowners so that they could jointly develop the Armstrong Creek development with Metricon in a manner that did not cause them or Metricon any adverse income tax or stamp duty considerations together with ongoing contract and conveyancing management for all landowners.
• Advising developers on multistorey and ‘greenacre’ residential developments including acquisition, subdivision, body corporate management, structuring and off-the-plan contracts, and general sale and strategy advice.  These include Links Living, Mirvac, Stockland, Watpac, Evolve Property Group, Pan Urban, Satterley Group, Andrew Facie, Urbex, AV Jennings, Buxton Group and Urban Property Corporation.