Emilie Fary

Emilie Fary

Special Counsel
Baker & McKenzie

Biography

Emilie Fary is a special counsel in the Commercial Real Estate team at Baker McKenzie, Melbourne. Emilie has practiced in commercial property since 2001, firstly as a solicitor in Dublin, Ireland in Ireland's largest commercial law firm and in Baker McKenzie since 2007. Emilie has a particular interest in green buildings and green leases and regularly presents on this topic as part of the Property Council of Australia Leasing Fundamentals Course. She lectured and conducted tutorials in the area of landlord and tenant law with the Law Society of Ireland. Emilie has also been seconded to a property fund management business in Melbourne, where she managed external legal advisors and liaised closely with internal fund managers in all aspects of property transactions, gaining insights into the challenges faced by property clients and in house counsel on a day-to-day basis.

Practice Focus

Emilie focuses on a broad range of commercial property issues. She advises on acquisitions and disposals and acts for fund management and property trust companies on purchases, sales, lettings and ongoing investment management issues. She advises on the property aspects of mergers and acquisitions, acting for landlords and tenants on negotiation of commercial and retail leases, assignments, surrenders and landlord's consent applications in single let and multi-let buildings and shopping centres. Emilie also helps clients with subdivision and consolidation of land, and advises on management agreements in hotel developments and commercial property development and has rural property expertise.

Representative Legal Matters

  • Acted for the landlord of a 13-story multi-tenanted CBD office building including negotiation of new commercial and retail leases and management of existing leases and car park licences
  • Acted for a large multinational company as sub-landlord of a novel retail/multi-use development on the grant of over 20 commercial and retail leases. This involved a complex suite of lease documents arising from the status of the client as a sub-landlord.
  • Acted for a large corporate client as tenant on the negotiation of two leases of four floors in a newly constructed Docklands building with an annual rent in excess of A$2.35 million. This involved negotiation of the agreement for lease, leases, signage agreements, incentive agreement and car park licences and acting on the subsequent sub-letting of one floor on a short-term basis.
  • Acted for a multinational company on the inter-company sale of an industrial premises in greater Melbourne as part of a global restructuring.
  • Worked on a project involving several project partners regarding the proposed construction of a commonwealth funded new building on Crown land and the grant of a Crown lease back to the client for long term occupation of the building.
  • Acted for a property fund on the acquisition of three rural properties in Queensland with a total value of A$10 million.

Admissions

  • Victoria~Australia (2008)
  • Republic of Ireland (2001)

Education

  • Trinity College, Dublin (LL.M.) (1998)
  • Trinity College, Dublin (LL.B.) (1997)
  • Trinity College, Dublin (Diploma Business & Legal) (1995)

Languages

  • English