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Michael Hain

Partner
+61.8.9216.0964
Fax +61.8.9216.0901
Michael has more than 25 years of practice in law with a broad range of experience and skills. Michael's practice includes all aspects of property project delivery, complex , land subdivision and developments, tenure and access, due diligence, acquisition and disposal matters across a diverse range of client and project types, and includes variously, commercial, agricultural, other development and resources projects.

His clients include listed corporate, government and private clients and receivers and managers.

Professional Background

Prior to joining K&L Gates in early 2013, Mr. Hain was a partner at a large Australian national law firm.

Achievements

  • Listed in 2014 - 2018 Best Lawyers (Australia)

Professional/Civic Activities

  • Governor, Council of Governors of the American Chamber of Commerce in WA (AmCham)
  • Member, Governance Institute of Australia (GIA)
  • Regular Manna volunteer
  • Regularly volunteers his pro bono assistance to Dressed for Success – an international not for profit organisation which provides assistance for disadvantaged and long term unemployed women to secure their long term employment

Speaking Engagements

  • K&L Gates National Leasing Seminar Series (Part 1 and 2), August and October 2016
General Property
  • Acting for Metcash to “Westralianise” standard form sale and mortgage documentation to meet WA 's demanding Landgate, retail shop and OH&S requirements.
  • Acting for Metcash on a rent subsidy deed (including PPSA and registration advice).
  • Acting for Metcash to prepare a standard form of WA Land Mortgage suitable to be registered at WA’s Landgate.
  • Acting for Metcash on its licensing of a retired meat works centre for renewed operations (including advising on WA’s OH&S laws, PPSA and competition law and preparing suite of licences for the continued sale of Metcash brand product).

Property Acquisitions and Disposals
  • Acting for Telstra on its disposition program for excess to requirement property, including contract drafting and negotiations, vendor due diligence and contract of sale management and settlements.
  • Acting for NAB on its mortgagee in possession dispositions, including contract drafting and negotiations, vendor due diligence and contract of sale management, encumbrance clearance and settlements.
  • Acting for a wholesale funds manager in all aspects of its negotiations and documentation to acquire an industrial manufacturing premises portfolio across Victoria, Queensland and Western Australia.
  • Advising Stockland on joint venture and project delivery agreements and negotiations (PDAs) as well as on a wide range of strategic land banking acquisitions and super-lot sales, including all aspects of due diligence, contract negotiations and documentation, contract administration and settlement.
  • Acting for a funds manager in relation to the acquisition of a landmark Perth CBD office tower, including conducting legal property due diligence, reviewing leases and completing contract negotiations and settlement.
  • Acting for a Singapore listed entity on its due diligence and acquisition of a significant Perth CBD landholding for mixed development of commercial, office and apartments.
  • Acting for a leading German global mining equipment manufacturer in its identification and due diligence for the acquisition and development of its new state-of-the-art Perth Headquarters and Operational Centre.
  • Acting for Metcash in the leasing and sale by Metcash of excess to requirement land at Balcatta, WA.
  • Acting for Metcash on its sale of business and subleasing of liquor stores (advising on WA’s duty, retail shop laws and Landgate registration issues).
  • Acting for the buyer (a listed entity) in relation to its acquisition of 12 hotels and taverns in Western Australia (both business and land)
  • Acting for the buyer (a listed property trust) in relation to the acquisition of the Brisbane Hotel in Highgate, Western Australia

Leasing
  • Acting for a sovereign direct property fund in all aspects of its multiple Perth CBD office towers and retail complexes leasing.
  • Advising Woolworths on leasing matters throughout Western Australia, including reviewing and drafting leases for supermarkets, liquor stores, taverns/hotels, petrol stations and electronics store lease documents, drafting caveats and withdrawal of caveats and ancillary document preparation
  • Acting for Downer on the whole of project delivery of legal services for the major relocation of Downer from outmoded premises to new purpose constructed "state of art" headquarters at Perth Airport. This project involved complex negotiations for the coordination of the surrender of existing leases combined with simultaneous negotiations with the new Sub-Landlord and new Head-Landlord for a new replacement long term sub lease of Commonwealth airport land. Significantly Michael was responsible for coordinating all the client's legal elements in dealing with commonwealth, state and local government laws and regulations.
  • Acting for Woodside Energy, a major listed Australian energy client in its negotiation and documentation of the leasing and management of its head office and other CBD satellite offices and other contractor shared office portfolio requirements, advising in rent review negotiations and agreements, and being responsible for advising on complex duty issues.
  • Acting for Metcash (IGA Distribution) in relation to the negotiation and leasing of premises in WA, and the registering of leases at WA’s Landgate.
  • Acting for Metcash on a sale of business and subleasing of WA located Supa IGA premises, (including advising on WA’s complex relief from lease forfeiture legislation).
  • Acting for a landlord WA funds management firm in all aspects of negotiations and documentation leading to the ultimate surrender of lease by Masters Hardware Warehouse and re-leasing to Bunnings.

Real Estate Development
  • Advising our landowner client on its significant hotel land ownership restructure and new financing for its hotel redevelopment - of a new Intercontinental Hotel - including advising the client on its Hotel Management Agreement transition.
  • Advising Fabcot (the Woolworths property developer entity) on the due diligence, development and contracting for disposal of the major Livingston shopping centre, and establishing the data room for the sale.
  • Acting for the receivers and managers in connection with the completion of construction, development and sale of the Raine Square, Perth CBD office and retail shopping precinct development.
  • Acting for the receivers and managers of the Westpoint group companies including conducting legal property due diligence, establishing data rooms, resolving multiple complex development, ownership, strata and other control issues, completing settlements (of the sale of properties in Western Australia including strata titled shops, a suburban shopping centre, strata titled commercial units, and a large vacant site in Perth city.
  • Providing advice to a major Australian joint venture land developer and property fund manager on the client's greenfields land development project in Western Australia including the associated further development of mixed residential and commercial built form
  • Acting for Nyamba Buru Yawuru (the operational entity for Native Title holders of some 500,000 hectares of land in Broome region of Western Australia) in providing comprehensive property and development advice generally and creating a register of land interests
  • Acting for MSC Shipping, a diversified leading global shipping client on the strategic disposal of the former MSC regional headquarters and the acquisition and development of replacement new MSC regional headquarters
  • Acting for Encorp Development (100% subsidiary of a listed Malaysian land development entity) in relation to the documentation and sale of an apartments complex (off plan sales) for the Residences on McCallum Lane, Perth.
  • Acting for Nyamba Buru Yawuru Pty Ltd (the operational entity for Native Title holders of some 530,000 hectares of land in Broome region of Western Australia) in providing extensive property and development advice in providing property and development advice generally and creating a register of land interests as well as leasing, sales and acquisitions of diverse regional landholdings
  • For a not for profit client, Michael and his team were responsible for the whole of project delivery of legal services to negotiate and document a long term ground lease (50 + years) for the development by the client of a community facility including warehousing and offices facilities.

Planning and Environment
  • Acting for Goodman Fielder Group in pursuit of statutory claims for compensation for injurious affection to land resulting from planning reservation, including appearances before the Board of Valuers
  • Acting for the Fuchs Group of Germany on its statutory compulsory acquisition compensation claim made against a major State Authority, including acting on resulting relocation leasing negotiations with Perth Airport

Health, Aged Care and Retirement Living / Affordable Housing
  • Acting for Baptistcare Inc, a significant not for profit institutional aged care accommodation and services provider in its sale of the Sunshine Park, the Annie Bryson McKeown Lodge and the Gwen Hardie Lodge retirement and aged care facilities

Construction
  • Acting for a client/owner of a shopping centre through their full process from the initial DA to full leasing-up of the completed centre including all aspects of successful local authority negotiations

Agriculture
  • Acting for Moonlake Investments (the investment vehicle of Mr Lu Xianfeng) in the largest dairy acquisition ever in Australia at AUD 280 million, comprising 17,890 cows over 7,062 hectares of land and 25 separate diaries in Tasmania. The transaction involved amongst other things tax advice, negotiation, securing foreign investment approvals, identifying and transferring water entitlements and otherwise all aspects of acquisition and settlement
  • Acting for a Scandinavian Pension Fund on its major dairy acquisition of over 1,500 hectares of land and over 3,000 milking cows. The transaction involved negotiation of terms, securing foreign investment approval, tax advice, identifying and transferring water entitlements and otherwise undertaking all aspects of acquisition and settlement
  • Acting on a major dairy acquisition of over 1,500 hectares of land and over 3,000 milking cows. The transaction involved negotiation of terms, securing foreign investment approval, tax advice, identifying and transferring water entitlements and otherwise undertaking all aspects of acquisition and settlement

Major Infrastructure and Resources Transactions
  • Advising on a major vineyard acquisition from receivers and managers (fruit production of approximately 1,000 tpa from approximately 300 acres under vines)