Special Counsel

Mark Swan

Mark is an Accredited Specialist in property law and enjoys the challenge of helping his clients develop innovative, effective and efficient solutions to highly complex property issues. His practice interests are focused on private and government transactional, leasing and development work, particularly multi-use subdivisions and strata titles.

Mark’s experience in many complex transactional and development projects enables him to take a ‘whole of project’ view from the outset, enabling him to assist his clients in articulating and implementing their development and commercial aims effectively.

Mark is also an excellent project manager who ensures his team always meets tight deadlines and reporting requirements. Both clients and staff comment on Mark’s accessibility and willingness to share his knowledge and experience.

Expertise

Mark’s expertise includes:

  • Acquisition, disposal and leasing of all types of real estate
  • Call option and put and call option structures
  • Advising on all types of land subdivision options
  • Drafting and negotiating complex easements, restrictions and positive covenants
  • Strata and community title, including drafting complex by-laws, strata management statements and community management statements, termination of strata schemes and strata renewal proposals
  • Documenting and negotiating site tenure for telecommunications carriers
  • Off-the-plan sales programmes for residential and commercial strata developments
  • Advising on and documenting concurrent lease structures
  • Advising landowners and transacting compulsory acquisitions by State authorities
  • Applications for Foreign Investment Review Board approval for stand-alone acquisitions of rural and urban land, and for acquisition programme approvals.

Recent projects

  • Site acquisition for Winten Property Group’s North Sydney development to house Channel 9’s new headquarters.
  • Disposal of Sydney’s landmark Washington H. Soul Pattinson building in Pitt Street Mall including leaseback arrangements and securing heritage floor space.
  • Consolidation, subdivision and strata development of Ashfield Mall shopping centre and Ashfield Central residential development for Abacus Property Group.
  • Numerous rural property acquisitions mandated by State mining approval.
  • Complex acquisition by freehold/leasehold of land for rail corridors to support major mining operations.
  • Acquisition of four sites in suburban Sydney for student housing provider Iglu, ranging from co-ordinated call options and contract of neighbouring land to acquisition of all lots in strata schemes and the subsequent termination of those schemes.

Other professional accreditations and activities

  • Accredited Specialist in Property Law (since 1997, Law Society of New South Wales).
  • Public Notary in New South Wales since 2006.
  • Member of the Property Law Committee of the Law Society of New South Wales since 2006.
  • Served as New South Wales representative on the Law Council of Australia’s Electronic Conveyancing Working Group providing stakeholder input to the national Registrars-General facilitating development of the national framework for eConveyancing.

Special Counsel

Paul Gill