Phil commenced working as a Lawyer in 1994, following articles of clerkship in 1993.
He is a Senior Associate at Schetzer Brott & Appel and has previously worked at a number of National Law Firms.
Since 1996 he has been a member of the Property and Environmental Law Committee of the Law Institute of Victoria (LIV) and he is also a member of the Property Law Dispute Resolution Committee of the LIV.
In 2003 Phil was appointed an Honorary Fellow of the University of Melbourne where he lectures in Property Law in the Faculty of Architecture, Building and Planning.
He has presented or chaired a number of seminars for the LIV, Leo Cussen, IES Conferences, Legalwise Seminars and Television Education Network and has written a number of articles for the Age and Australian Financial Review.
Also of note, was the assistance he gave EMR Australia in its publication of an information kit for local councils about telecommunications facilities.
Phil was appointed a principal of the firm in 2007
Experience - commercial property
Acts for a number of developers of inner-city and bayside apartments including drafting off-the-plan contracts, advice on planning issues and subdivisions.
Acted for Golden Circle on the purchase of Original Juice. This included conducting due diligence on all property related issues, settlement procedure and advice on contract of sale.
Acted for Toyota Tsusho on the purchase of industrial land in Laverton North. This included planning advice, due diligence on various property issues, negotiating a lease and agreement to lease, attending to usual matters in regards to settlement.
Acted for RMIT University in the $100,000,000 proposed development of the CUB site in Carlton. This included attending various meetings with proposed joint venture partner to negotiating terms of proposed development, advice to client on title related issues and GST advice.
Acted for the vendor in the sale of the St Helena Market Place. This included negotiating terms of sale, review of numerous leases, preparing vendors statement and conducting usual searches for inclusion in the contract of sale.
Experience - taxation and GST
Provided advice to clients like Tenix and Transfield on the application and interpretation of the Duties Act 2000 and the Stamps Act 1958 and A New Tax System (Goods and Services Tax) Act 1999.
Drafted submission on behalf of clients in response to GST Public Rulings by the Australian Taxation Office ("ATO").
Assisted clients in their submissions to the ATO for GST Private Rulings.
Conducted GST audits on various contracts including leases, supply agreements, distribution agreement and building contracts.
Made a submission in person before a Senate enquiry into the effect of GST on Education Institutions.
Experience - building and construction
Acted for a number of property developers in the construction and sale of apartments off-the-plan. This work has included settling construction contracts, drawing management agreements and contracts of sale. He is also familiar with the standard documentation for all domestic building work.
Reviewed numerous building contracts for various lenders.
Prepared tripartite building agreements between land owner, builder and lender.
Advised numerous clients on the standard HIA and MBA standard domestic building contracts.
Team member assisting client and providing advice with respect to the CUB $110,000,000 student housing accommodation project.
Due diligence on acquisition of land including residential, farm, commercial, and industrial.
Experience - commercial
Drafted and reviewed numerous commercial agreements for clients including lease, supply, distribution, agency, management, heads of agreement, sale of business, leases, and partnership.
Acted on the sale and purchase of many businesses.
Drafted numerous leases including retail leases and disclosure statements.
Experience - banking and finance
Acted for a number of national lenders, mainly in the area of property construction finance. This work has included finance on the construction of residential apartment buildings and retirement villages.
Drafted various precedent security documents including mortgage, loan agreement, guarantee and indemnity, and company charge.
Experience - telecommunications
From 2000 to 2003 Phil acted for a telecommunications carrier in the roll out of sites through out Victoria.
This involved:
1. Negotiating leases with landlords, their agents and lawyers and other carriers.
2. Developing precedents including leases, subleases, leases from the Crown, co-location leases, statutory notices under the Telecommunications Act, and standard letters to landlord's and other parties where appropriate.
3. Advice on the Telecommunications Act, stamp duty, leasing generally, planning and environmental issues and objection notices issued by landlord.
Telecommunications experience also includes negotiating many telecommunication leases on behalf of landlords, making submission to both the Australian Communications Authority (ACA) and Telecommunications Industry Ombudsman (TIO) on behalf of clients
Acted on behalf of approximately 80 objectors in a planning matter heard at VCAT. The permit applicant was seeking to install a mobile phone tower of approx. 35 metres on the Princess Highway, Narre Warren, near a school, homes and restaurant. The tribunal found in favour of the objectors and refused the permit to install the tower.
This case is significant as the tribunal considered many planning issues in regards to the installation of mobile phone towers.
Acting for a landlord in a major telecommunications matter that went from the VCAT to the Supreme Court and in appeal to the full court. This case was significant as it provides some guidance on the meaning of low-impact facilities.
Wrote the precedent telecommunications lease currently being used by the Director of Housing.
Interests
Phil is a member of the Wolseley car club (he owns a 1955, 4/44 Wolseley), has a number of bantam chickens and enjoys house renovating, golf (very handicapped) and sewing.
