Resort News, Mahoney Supplement, May 2019

The Management Rights Lawyers

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DU N I L A I C E SP ENT LEM P P SU

MAY 2019

Mahoneys:

An industry institution

By Trish Riley, Editor

The name Mahoneys is as synonymous with management rights as bricks and mortar. Legal advice based on years of experience, and the kind of knowledge needed to write legislation (not just act on it), has given this revered organisation an undisputed edge in a complex and highly specialised field.

Admitted as a solicitor in 1978, John Mahoney is the managing partner of the firm and has been heavily involved in the niche industry right from the beginning. Having practiced extensively in the industry for many years, management rights is a unique area of law in which Mahoneys has specialist skills.

“We realised early on that there was no-one specialised in management rights in any meaningful way, and simply sought to bring expertise and professionalism to an industry

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which was at that time lacking these elements. It was an area that hadn’t received much attention from anyone that was really thorough, and there was a real chance to do something in a different way,” says John.

And building on its reputation for offering a very high level of service to clients within its chosen field, Mahoneys is now a highly respected and successful business.

The firm has acted for managers in the purchase or sale of management rights or the granting of further options or renewals of management rights in thousands of buildings or transactions throughout Australia, and can offer expert advice when acting in the sale and purchase of management rights, developing strategies to approach bodies corporate to secure new agreements or additional options, addressing body corporate meetings, preparing letting appointments and should the need arise, acting in disputes with bodies corporate.

Despite everyone’s best

efforts and intentions, sometimes disputes do arise and Mahoneys has had many successes in dealing with management rights disputes, either resolving them by negotiation, through the formal processes of the Commissioner for Body Corporate & Community Management or through QCAT or the court system.

Widely regarded as one of the most knowledgeable management rights lawyers in Queensland, John has represented the industry in negotiations with the state and federal governments on every significant piece of legislation for the past 28 years and is responsible for the development of key parts of the legislation.

“If something is happening in the industry we’re generally the first to know about it,” said John. “This means that we are able to advise our clients with the knowledge of what’s happening, even if the legislation has not been finalised yet.

Holman’s are extremely proud of our association with Mahoneys and look forward to working with them in the future.

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Because of the extensive experience in the areas of law in which we specialise, we can predict in advance the likely issues and can then deal with them in a proactive way, rather than trying to react (when it might be too late to be effective) to a problem that has arisen.”

And as primary advocates for the management rights industry, Mahoneys has a firm policy not to act for a body corporate where a conflict may arise with a resident manager.

“We just don’t believe we could properly represent our clients or the management rights industry generally if we were to do that,” says John. “Nor will we act for a buyer and seller in one transaction; again we would not be able to represent our client’s interests if we did,” he adds.

John explains: “As an adviser to the management rights industry since the early 1990s and a representative of the industry involved in the development and review of legislation, I believed then and still believe now, that it would be hypocritical for my firm to act for a body corporate against a resident manager in a dispute. Even though other firms who claim to support the industry are happy to prosper from doing so, I just do not think I could honestly claim to be an industry supporter or representative if my firm acted against resident managers.”

Ethics play a large role in the Mahoneys vision and its reputation has been earned by maintaining integrity and the highest of ethical standards in everything it does.

“The vision when we started (and still in place today), was to build a firm where client service is our focus. We have expanded on the basis of providing a very high level of service and retaining good strong personal relationships based on mutual trust and respect,” says John.

“We know our clients’ concerns and work with them to deal with those concerns and achieve their desired outcomes,” adds John. “Our clients’ needs, not our billings, are our driving focus.”

There is a perception that specialist law firms are expensive, but when one’s life investment could be at risk it is safer to have the best advocates behind you, not necessarily the cheapest.

Mahoneys believe in giving their clients the best value in legal work they can. Efficient work practices (such as restricting the number of staff working on a given matter) aid communication and also help to reduce costs. “As far as possible matters are undertaken at one professional level,” said John.

“This avoids inefficiencies and clients benefit from the consequential lower fees.”

Despite the commercial pressure to provide the lowest possible fees however, Mahoneys is not prepared to cut corners to cut costs. “We take the necessary time to fully investigate a purchase and provide our clients with thorough and considered advice to protect their interests,” he explained. “It is far more logical to spend a little more at the beginning than a lot more at a later date to rectify shortcomings.”

John Mahoney

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“People investing in management rights are often investing their life savings,” said John. “This is very important to us and we believe that as much care as possible should be taken to protect that investment.”

Mahoneys is committed to providing the best possible service to its many clients and to do this the team knows that they must make themselves accessible. “One of the biggest complaints we hear from people who change over to us is ‘I could never get hold of my lawyer’,” says John. “Obviously, as a successful firm, we are busy people and we can’t pretend to be available to everyone 24 hours a day but we pride ourselves on being readily available and getting back to people promptly,” he said.

For the team, that is all part of the focus on client service and it is something that has gained them many satisfied clients over the years. Usually no more than two staff members – a lawyer and their assistant – would be working on any one

The team is acutely aware of their clients’ needs and is committed to providing solutions and recommendations, not just advice and options. matter, so clients know exactly who to contact for information.

Typed notes of phone conversations are made and filed electronically during the call, so all information is freely available at all times to the other person working on the file.

The team is acutely aware of their clients’ needs and is committed to providing solutions and recommendations, not just advice and options. “We know that our clients want decisive action. We address the commercial as well as the legal issues and our experience in the areas of management rights

INDUSTRY EXPERTISE & UNDERSTANDING ARE ABSOLUTELY VITAL. “The niche Management Rights sector demands specialist legal knowhow and advice. For 25 years, we’ve seen Mahoneys’ trusted representation deliver value for our buyers and sellers.”

IAN CROOKS, MANAGING DIRECTOR

enables us to do this with clarity and precision,” John stated.

And while management rights may form the backbone of the organisation, complementary areas of practice within the firm include estate planning, litigation, business law, commercial property law, property development and leasing.

As a full-service law firm, the partners and senior professional staff at Mahoneys are also experienced in many aspects of business law.

Between them they have handled the establishment,

sales and acquisitions of a range of businesses from the small family type to multi-million dollar corporate businesses. Services provided in the area of business law include establishment, acquisitions and sales of a full range of businesses, preparation of tailor-made partnership and joint venture agreements, company and trust incorporation, preparation of employment contracts, and dispute resolution.

With a team of such highly qualified, experienced and committed legal staff you might think that at Mahoneys there would be no time for relaxation. On the contrary, John puts a high priority on family life outside the office.

“We encourage the balance necessary to ensure that we all enjoy life and have time for our families and friends,” he said.

In between work and family life John manages some regular golf and Mahoneys are well known for the support they give to various corporate golf days in Brisbane and on the coasts.

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Meet the team And as we know, a business is nothing without its people. The great strength of Mahoneys is the depth of specialist knowledge and expertise that can be found among its legal ranks. This experience is shared among the team in what is known as ‘continuing legal education’ within the practice to the benefit of all its property and business clients.

Growing steadily and organically; the company doesn’t market at all and rather relies on reputation and involvement in the industry, Mahoneys now boasts two partners whose focus is almost entirely on management rights, three senior associates and two lawyers on the transactional side while the dispute team is comprised of two partners and four litigation lawyers.

John Mahoney, the firm’s managing partner specialises in all aspects of management rights and leads that section of the business.

He has nearly 40 years’ experience in property law and has been at the forefront of legislative change within the industry.

itself an impressive tally – and partly from their commitment to remaining at the forefront of legislative change within the industry.

Matthew Manz is the firm’s Gold Coast partner and has been with the firm for more than 15 years working almost exclusively in management rights transactions.

Both John and Matthew are heavily involved in the Australian Resident Accommodation Managers Association (ARAMA) and for his commitment to the industry John was made a life member.

Matthew looks after the New South Wales transactions that the firm handles.

The depth of John and Matthew’s knowledge comes partly from the length of time they have been involved in management rights and property law generally –

He represents ARAMA in its dealings with government, speaks regularly at its meetings and will again take on a lead role for ARAMA in the upcoming review of the body corporate and community management legislation.

Ben Seccombe is a Partner of Mahoneys and heads up the Litigation and Dispute Resolution team.

Ben has extensive experience in commercial litigation and dispute resolution on matters ranging from minor claims to commercial disputes involving millions of dollars.

He has assisted clients in all areas of commercial litigation but in particular, in a very wide range of management rights disputes.

The great strength of Mahoneys is the depth of specialist knowledge and expertise that can be found among its legal ranks.

Mitchell Downes is a partner and accredited specialist the Mahoneys commercial litigation team.

 Structuring  Income Verification  Accounting/Taxation  Superannuation  Audit

HONESTY PROFESSIONALISM INTEGRITY Y our Sunshine Coast Specialists

We are proud to be associated with John and the team at Mahoneys PO Box 391 WEST BURLEIGH QLD 4219 Phone: (07) 5534 4333 | Fax: (07) 5534 2081 reception@jonathangrant.com.au | www.jonathangrant.com.au

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We are proud of our long association with Mahoneys and achieving the best outcomes for our mutual clients.

Contact the most experienced management rights Agency on the Sunshine Coast for all of your buying and selling needs.

Barry Davies 0438 554 995

Matt Campbell 0410 343 219

Lindsay Petty 0407 029 138

www.managementrights.com

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Mitch joined Mahoneys in 2009 and since that time has practised exclusively in commercial litigation, with a focus on corporations and insolvency.

On behalf of Property Bridge Bobo Qi and Rhonda Perkins would like to extend their appreciation to the Mahoney team for all their expert legal advice to mutual clients.

Mitch maintains a court-work practice and regularly appears in courts and tribunals as advocate without counsel.

Like Ben, Mitch has conducted many significant management rights disputes and trials.

Antony Harrison is a partner of Mahoneys, leading a team that specialises in commercial and corporate law, commercial property, and estate planning and succession.

Antony has over 20 years’ experience dealing with a broad range of legal issues affecting small and large businesses and high wealth individuals.

Management Rights • Resorts

www.propertybridge.com.au

Where to find Mahoneys Mahoneys are based in Brisbane at Level 18, 167 Eagle Street and on the Gold Coast at 235 Varsity Parade, Varsity Lakes, but cover all of Australia. John regularly visits the Sunshine Coast to look after the firm’s many Sunshine Coast clients.

Meet the rest of the MR team

Bobo Qi | 0438 027 771 | bobo@propertybridge.com.au Rhonda Perkins | 0418 767 115| rhonda@propertybridge.com.au

We are delighted to have engaged Mahoney’s in our acquisition of several Management Rights complexes. Their timely advice and assistance working through each Procurement Agreement was of the highest professional standards.

www.tdkm.com.au

Vanessa Sciortino

Nicole Cleary

Talk to someone who understands your business.

Natasha Gray Management Rights Specialist Gold Coast 0459 840 305

Michelle Lim

Amy McKee

Amanda Norling Management Rights Specialist Brisbane 0459 800 461 Steve Austin Management Rights Specialist Sunshine Coast 0408 776 067

Specialist Business Advisors to the Management and Letting Industry

Richard Smith Management Rights Specialist North Queensland 0407 632 612

Proud to be associated with the team at Mahoneys Brisbane Level 4, 97 Creek St, Brisbane 07 3002 2699

Gold Coast Level 3, Southport Central 3, 9 Lawson St, Southport

Scott Wicks: scottw@archergowland.com.au Smiljan Jankovic: smiljanj@archergowland.com.au www.archergowland.com.au May, 2019 | ResortNews

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TheManagement Rights Lawyers BUYING/SELLING ASSISTANCE

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Brisbane Office Level 18, 167 Eagle Street, Brisbane Ph: 07 3007 3777

Gold Coast Office Level 2, 235 Varsity Parade, Varsity Lakes Ph: 07 5562 2959

www.mahoneys.com.au