Specialising in property, banking and finance and commercial law, Philip Clacher has advised some of the largest organisations in Australia including Commonwealth, State and Territory Government, major national corporations and investment funds.

Philip provides a particular expertise in property law. He has acted for private clients in the sale and purchase of many different types of property, including commercial, industrial and retail. 

With a practice also encompassing banking and finance, Philip has advised a number of corporations on capital raising and debt finance, business structures, corporate governance and directors obligations. 

Through his experience in large-scale commercial transactions, coupled with property-related transactions of all sizes, Philip is equipped to advise his clients for any property activity.

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Expertise

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Banking and Finance

ANZ Banking Group

Acting for ANZ in a range of large commercial finance and construction finance matters, Philip has drafted loan and security documents, carried out property due diligence, vetted pre-sale contracts, reviewed commercial structures and constituent documents and attended settlement and registration of all securities.
Philip has recently acted for ANZ on funding for:

  • Ngunnawal, ACT – construction of a large residential subdivision, comprising the development of 288 lots and 100 dwellings in six stages;
  • Franklin, ACT – construction of 29 townhouses in stage 2 of a residential development;
  • Deakin, ACT – refinance of a large mixed commercial office development; and
  • Harrison, ACT – development of a high density residential development, comprising 93 residential and commercial units.

St George Bank

Philip has acted for St George in a range of large commercial finance and construction finance matters. Some projects include the Suncorp Tower and Theatre in Brisbane, finance facilities for one of ACT's largest car dealerships, and a wide range of construction developments in the ACT and regional NSW, including multi-unit developments, broadacre land subdivisions, commercial buildings and industrial subdivisions.

National Australia Bank

Philip has acted for NAB in a range of commercial financing matters. He has drafted and negotiated deeds of priority with other external lenders, reviewed and advised on corporate letters of offer and terms of finance facilities, vetted pre-sales contracts and advised on borrower's corporate structures.

See Banking and Finance

Construction and Major Projects

Australian War Memorial: The eastern precinct redevelopment was a $15M project and encompassed the demolition of the existing café, construction of a new underground car park, coach parking facility and new cafe. The original construction contract was drafted with heavy bias for contractors. A variation of AS4000-1997, it included provisions for separate contractors and separable portions of the works. Philip's advice on contract amendments ensured appropriate risk allocations.

Philip also advised on the Commonwealth's particular requirements for construction contracting. He oversaw the preparation of the expression of interest and negotiation of the construction contract with the successful tenderer.

DSS (formerly FaHCSIA) – National construction suite of documents for fit-out works: Philip drafted various pro-forma construction contracts and tender documentation for use in all Australian jurisdictions for DSS' national accommodation fit-out project. The contracts provide a full range of delivery models, including "design only" "design and construct" and "construction management" models.

The documents comprised of amended versions of the AS series contacts, which were originally heavily biased to protect contractor interests and are silent on key issues (for example, GST and WH&S). Philip's amendments reallocated risks to protect the Commonwealth, ensured compliance with all relevant Commonwealth policies and legislative requirements.

DSS (formerly FaHCSIA) – National Disability Insurance Scheme: Philip advised on establishing the premises for the initial trial of the NDIS in NSW, VIS, SA and TAS. This required work under tight timeframes and consideration of multiple jurisdictions.

He drafted and advised on the EOI, RFT and prepared the proposed construction contract. The construction contract is a modified AS series contract, which Philip modified to include all policy and legislative requirements and to allocate risk appropriately between DSS and the successful contractor.

Health – GP Super Clinics Program: The program provides considerable funding for capital works associated with the establishment of GP Super Clinics in Australia. It forms a key element of the Australian Government's health reform agenda, and is highly visible and scrutinised.

Philip assisted to establish and structure the Program in a way which minimised risk to the Commonwealth and protected its investment. He drafted intergovernmental MOUs, intercreditor arrangements and advised on construction delivery methodologies, establishing tenure and security arrangements.

DIBP - Western Immigration Detention Centre: Philip advised on the procurement processes and construction delivery methodologies for the centre at Northam WA. He drafted the RFT and construction contract and negotiated terms of the construction contract with the successful tenderer. Philip ensured the construction contract allocated risk appropriately between DIBP and the contractor, and the contract contained all of the provisions to ensure compliance with Commonwealth law and policy.

See Construction and Major Projects

 

Real Estate

Orchard Funds Management Limited: This client purchased a new office building in Canberra for $60.7M for its Sustainable Property Fund. This was the highest sale price of a commercial office building in Canberra at the time, and is one of the first 5 green star rated office buildings in Canberra.

Philip carried out full due diligence of the proposed purchase, negotiated the terms of the sale contract, settled the purchase and acted for the buyer in arranging bank finance.

Lachlan REIT Limited: This client acquired three fully tenanted office buildings in Canberra, purchased simultaneously from different vendors for $11.35M, $8.15M and $10. Philip negotiated terms of the sale contracts, exchanged contacts and settled the purchases.

PrimeSpace Property Investment Limited: A regional shopping centre in Orange, NSW was purchased for $8M. This purchase was noteworthy because the centre was Old System title, with a number of registered and unregistered leases in place.

Philip carried out full due diligence of the site and acted on the entire purchase process including bank finance. He also advised on the centre redevelopment plans, and negotiated the terms of the agreement for lease with the key anchor tenant for the redeveloped centre.

The shopping centre now comprises an important asset of the buyer's Prime Access Property Fund.

PrimeSpace Property Investment Limited: The $20M purchase of the Marque Hotel in Canberra was a key acquisition for PrimeSpace, due to the importance of the hotel and potential of the site. Philip acted on all aspects of the transaction, including a full due diligence, negotiation and completion of the sale contract. The Hotel now forms a key part of the client's Prime Access Property Fund.

PrimeSpace Property Investment Limited: Philip advised on the $15M purchase of a regional shopping centre north of Brisbane, and the subsequent redevelopment. As this was PrimeSpace's first interstate acquisition, the purchase had strategic implications and had a number of urgent deadlines he had to meet. Philip acted on all aspects of the transaction including purchase. He also acted on the pre-leasing of the redeveloped centre and securing key tenants for the redevelopment.

See Real Estate

 

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