Carl Black advises public and private sector clients on diverse property- and finance-related matters. He has a significant background in high-profile joint venture real estate developments across Western Australia (WA) including residential flat land development and affordable housing, city high-rise developments, and regional medical and community facilities.

    Carl is involved throughout real estate projects, advising on establishment of the development entity and preparation of terms sheets, project financing and building arrangements, land acquisition, development management and finance procurement agreements, marketing agreements, and pro forma and customised lease and sales agreements.

    Carl’s extensive experience in resource-industry projects and financings includes advising joint venture participants on oil and gas projects in WA on worker accommodation and land tenure. He also has wide dealings with transportation industry participants and on the construction of barging facilities, jetties and marine supply base facilities. Carl works with in-house counsel and commercial operators to document and execute transactions, ensuring project participants gain appropriate and tax-effective ownership rights.

    Acting on behalf of UK private equity in respect of Australian hospitality lead mixed use developments in Perth, Carl has provided valuable strategic advice and assisted with opportunity identification as well as transaction support. As part of his role as the firm's Asia Pacific head of the Hospitality & Leisure Industry Group, Carl is involved in acting for developers and owners of hotels expanding throughout the region.

    He manages portfolios for large commercial property developers and asset owners in WA and overseas. Such portfolios include elements of retail leasing in several central business district precincts.

    Carl acts for both borrowers and lenders in the negotiation of construction facilities for development projects. His deal negotiation work includes advising on the appropriateness of pre-sale and pre-leasing commitments needed for project feasibility.

    Carl represents operators of liquor-licensed premises in WA in leasing, sale and purchase, due diligence and construction. He has participated in high-profile brewery and hotel acquisitions as well as high-value leasing and real estate asset sale and purchase deals. Carl also has commercial development expertise including adjoining owners and co-owner contracts and arrangements.

    His experience in airport operations includes the negotiation of aviation and non-aviation leases and licences, concessions for terminal building and air-side services, the sale and purchase of airports, Airports Act matters, corporate governance, negotiation of consultant agreements and managing portions of the master planning process for airport operations.

    Carl also assists regional airports in their infrastructure funding applications and the implementation of airport operator agreements.

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    City Real Estate Development, Acquisitions, Disposals And Commercial Leasing

    • Acting for Brookfield in relation to:
      • a major amalgamation and subdivision project in the Perth CBD;
      • commercial leasing in respect of CBD office tower in Perth;
      • co-ownership contracting;
      • adjoining-ownership and multiparty ownership contracting with respect to easements and access rights;
      • urban development land acquisitions and contracting;
      • JV development of urban land.
    • Preparing Foreign Investment Review Board applications for Babcock & Brown in relation to foreign company acquisition of urban development land.
    • Acting for Babcock & Brown in relation to the development of Perth Capital Square.
    • Acting for Turnstone Nominees Pty Ltd (joint venture between Babcock & Brown and Saville Australia) in respect of the financing and development of the iconic Emu Brewery site.
    • Assisting St Martins Properties acquire a major St Georges Terrace land holding plus associated leases.
    • Acting for St Martins Properties in respect of commercial office and retail leasing for all Western Australian assets.
    • Acting for Brownes Foods Operations Pty Ltd in relation to its Western Australian milk factory & milk product manufacturing plant developments, acquisition and disposals.

    Joint Venture and Structured Property Contracting

    • Acting for Babcock & Brown in relation to:
      • leasing bare land for the construction of a gas fired power station;
      • joint venture development of Perth Capital Square, providing pre construction purchase contract advice;
      • preparation of joint venture agreements including pre acquisition terms sheets, contracts and feasibility documents for commercial and residential property developments.
    • Acting for Perth Diocesan Trustees in the joint venture development & leasing of Joondalup medical facility.
    • Acting for Perth Diocesan Trustees in the redevelopment of the Cathedral square precinct in Perth, which will improve the construction of a new multi-storey car park city library, office towers, hotel, piazza and public space.
    • Acting for Mirvac in residential development projects in and around Perth in respect of land transfers and multiple lot vendor finance contracting.
    • Acting for Brownes Foods Operations Pty Ltd regarding milk transportation network optimisation and property rationalisation in respect of dairy and milk production facilities.
    • Acting for a large not for profit organization in respect of the conversion of retirement village assets to non-retirement assets followed by the removal of a memorial in respect of the property and the sale of such housing stock.
    • Acting for a consortium in respect of the construction and leasing of a super yacht marina in Fremantle, Western Australia.

    Aviation and Non-Aviation Airport Leasing and Licensing, Development Contracting and Advisory Services

    • Acted for Darwin International Airport:
      • in relation to development and subleasing of a 17,000 m2 Bunnings Warehouse on Darwin Airport;
      • in relation to development and leasing of commercial headquarters for AQIS, CASA and the Department of Environment and Heritage;
      • in providing advice with respect to the Airports Act and its impact on proposed airport activity.
    • Acted for Alice Springs Airport dealing with the Department of Transport and Regional Services to gain Airports Act exemptions to enable leasing of premises for residential use.
    • Acted for Northern Territory Airports:
      • in relation to the establishment and implementation of a parking infringement notice/traffic management system;
      • in relation to many aspects of the Airports Act 1996 (Cth) including Major Airport Development approvals, road openings, head lease area surrenders and consents to encumbrances on title;
      • in relation to the construction and operation of a hotel resort on Darwin airport;
      • in all dealings with Virgin, Qantas and major regional RPT operators, including the determination of aeronautical charge determination and implementation;
      • with respect to terminal building concessions for car rental operators, shuttle bus services, food and beverage and duty free services;
      • in relation to acquisition of aerobridges, checked bag screening equipment, x-ray machines and communications equipment to the value of $12 million;
      • regarding corporate governance issues with respect to exercise of pre-emptive rights of shareholders and directors, technical services agreement interpretation and Corporations Act 2001 obligations.
    • Acting for Jandakot Airport Holdings in relation to Airports Act 1996 (Cth) advice, and coordinating development documentation and works on the airport land in compliance with Airports Act 1996 (Cth) requirements.
    • Providing Airports Act 1996 (Cth) interpretation advice to Perth Airport.
    • Provided advice to Alice Springs Airport and Darwin International Airport in relation to the recovery of aeronautical charges, including supporting litigation of claims.
    • Provided advice and documentation to Darwin International Airport in relation to insolvency of airport tenants, and priority arrangements regarding the assets on Darwin airport, secured creditors and liquidators.
    • Acted for Desmar Holdings Pty Limited in relation to the development, subleasing and potential sale of sublease assets on Perth Airport.
    • Acting for Jandakot Airport Holdings in relation to the development of commercial facilities on airport land.
    • Acting for Jandakot Airport Holdings in relation to environmental hurdles faced in the development of additional runways and significant commercial non-aviation facilities.
    • Acting for Jandakot Airport Holdings in relation to the requirements of the Airports Act 1996 (Cth) for airport development works on the airport land in compliance with Airports Act 1996 (Cth) requirements.

    Property Corporate Governance

    • Acted for Xstrata to develop and document the community benefits package agreements with the Northern Territory Government as a condition of open cut mine operation approval.
    • Acted for Alcan in relation to numerous subleases of premises to third parties for residential and commercial use on the Special Purpose Leases granted by the Commonwealth to Alcan for the operation of the Township of Nhulunbuy.
    • Acted for Rio Tinto regarding the subleasing of commercial and industrial premises to third parties in the Township of Jabiru.
    • Acted for BHP Billiton in relation to the issues associated with the residential tenancies for workers on its mine site on Groote Eylandt.
    • Acted for Rio Tinto in the acquisition of urban land for construction of housing.
    • Acted for Rio Tinto in the acquisition of leasehold interest in Karratha workers camp.
    • Establishing multiple site lease management tools for the purpose of assisting institutional landlords in portfolio management.
    • Establishment and hosting virtual data rooms in respect of property acquisitions, disposals and competitive tendering.

    General Commercial Property Law

    • Acted for the Salvation Army in relation to all leasing of shop, shelter and office accommodation in the Northern Territory.
    • Acted for Ascot Capital in relation to the sale of a remote area roadhouse, with associated financing issues.
    • Acted for Desmar Holdings Pty Limited in the leasing of industrial and commercial premises.
    • Acted for Desmar Holdings Pty Limited in the acquisition of leasehold interest in seabed from Department of transport for development of boat pens.

    Banking and Finance

    • Acted for Cash Resources Australia in the preparation of invoice financing documentation, security documents and providing deed of company arrangement advice and representation for all Northern Territory operations.
    • Assisting Esanda in the preparation and securing of floor plan lending arrangements for motor vehicle distributors.
    • Assisted BankWest and other major financial institutions in due diligence required to lend against Western Australian shopping centre assets.
    • Acting for Commonwealth Bank Australia (CBA) in relation to funding a borrower operating a carbon sequestration business, providing advice to the bank with respect to taking security over carbon rights.
    • Acting for St George Bank (SGB) in relation to lending to pharmacy group operating in four Australian States.
    • Acting for SGB in respect of funding shopping centre developments to JV borrowers in residential subdivision.
    • Advising SGB with respect to cross default position flawing from major property development insolvency.
    • Negotiation on behalf of Ausgroup of club loan facility and security arrangements for global operations in oil and gas services industry.
    • Negotiation of hotel and commercial property refinance for Australian based Indonesian landlord group.
    • Advising landlords in respect of Personal Property Securities Act obligations flowing from tenancy incentives and fitout incentives.

    Liquor Store Acquisitions and Disposals

    • Advised ALH on its $90 million acquisition of the Compass Hotels Group assets comprising 12 pub business and liquor licences along with the freehold of all premises.
    • Conducting due diligence for Woolworths in relation to the acquisition of taverns, bottle shops and public bars, including the preparation of land and business purchase documents, intellectual property transfers and settlements.
    • Acting generally for Woolworths in relation to the acquisition and settlement of hotels, bottle shops, taverns and public bars including the preparation of due diligence reporting, lease reviews and preparation of purchase contracts for the businesses and assignment agreements for relevant leases and intellectual property.
    • Acting for high net worth individuals in the acquisition of Perth and Margaret River hotels and taverns. Conducting due diligence and preparing liquor licence transfer applications.

    Corporate

    • Acting for the ASCO Group in relation to its acquisition of 60% of the share capital of Bonnie Rock Transport Pty Ltd, a transport and logistics company founded in Western Australia.
    • Acting for the purchaser in relation to the acquisition of a global packaged foods and Asian fresh fruit business from the world's largest producer and marketer of fresh fruits and vegetables.

    Education

    • The University of Melbourne, LL.M., 2007
    • Charles Darwin University, LL.B., 1997
    • Charles Darwin University, B.A., 1997

    Admissions

    • Western Australia, 2007
    • Northern Territories, Australia, 1996

    Languages

    • English
    • German
    • Recommended in The Legal 500 Asia Pacific 2018 in Real estate, Australia
    • Finalist for Lawyers Weekly Australia Partner of the Year Awards 2016, Real Estate category.
    • Preeminent Leading WA Property Lawyer, Doyles Guide, 2015.
    • Ranked for Real Property Law, Best Lawyers, 2015.

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