About

What are the most important transactions and litigations that you have been involved in during the last two years?

I played a critical role in one of the most significant and complex corporate transactions of 2017: advising on all M&A, banking, construction and real estate aspects of Home Consortium’s A$1bn acquisition of the entire Masters Home Improvement real estate portfolio, previously owned by Woolworths Group.

After acquiring the portfolio, which comprised more than half a million square metres of retail space across five Australian states, Home Consortium commenced the mammoth task of creating 40 HomeCo shopping centres. Over the course of 2017, 2018 and 2019 this has been, and continues to be, the biggest and quickest rollout of inspired, community-centred retail destinations in Australia’s history.

I have been instrumental in this unprecedented rollout – advising on strategies to deliver business outcomes and mitigate risk. Drawing upon legal expertise, commercial acumen and broad business knowledge, I have provided the legal support to structure and document transactions that accurately reflect our financial objectives and drivers. Further, as part of this rollout, I have been managing all aspects of dispute resolution. In particular, I worked on a key piece of litigation related to a landlord’s right to unreasonably refuse consent to a sublease. This matter involved a complex set of facts and the examination of a unique point of law; the case went to a full hearing in the Supreme Court of Victoria and the judgment was handed down in our favour.

How do you suggest in-house lawyers build strong relationships with business partners?

As in-house lawyers, we have a bird’s eye view of activities across the business. Therefore, we should identify connections and apply a risk management lens that’s focused on predicting what’s around the corner. However, it’s important to do this without stifling momentum, business spirit or choking the organisation.

In-house lawyers can earn the deep respect and admiration of their internal business partners by displaying a ‘can do’ attitude. This should be the culture of any in-house legal team. Lawyers need to be performance-oriented, analytical and innovative.

The in-house legal team should support the implementation and execution of company goals by:

• Thinking big and understanding the overarching business plan and key drivers, know the business and industry inside out, apply this to focus on the big picture, and think strategically.

• Viewing legal aspects through a business lens. The business always comes first. Always view the legal aspects of any deal, regulatory requirement or dispute through the lens of the business.

• Being decisive and demonstrating good judgement. Aim to quickly connect the dots and make the right calls with the information on hand. This means making rapid decisions and stepping out of your comfort zone.

• Being accountable. While staff are empowered to interpret connections and make informed decisions, they also must be accountable. Push yourself for results, but also face up to issues and work to quickly find solutions.

In short, always be client-focused, proactive, adaptive and collaborative.

What “legal tech” products do you currently utilise, and do you foresee implementing more of these in the near future?

We are a young, ambitious organisation that is always seeking to do things better and more efficiently. While we currently have not yet implemented specific hot “legal tech” products, I can see a time in the near future where we have automated contract negotiations for certain classes of transactions.

I have been recently reviewing and exploring a digital contracting platform for retail and commercial leasing. Its use would enable us to streamline high volume portfolio leasing to accelerate negotiations and do deals. It would help improve our closing speed, which would increase deal flow and unlock our asset value more quickly. It would also drive efficiencies and reduce transaction costs.

I would also like to introduce an electronic document signing system whereby our personnel could sign documents from anywhere in the world. This would allow us to prepare, act and manage agreements – even from mobile phones – and get signing done faster than ever!

What do you predict will be the biggest change in the legal market in your sector over the next few years?

One of the biggest changes in the legal market in the real estate and construction sector over the next few years will be the greater impact of boutique firms. These are specialist real estate and construction firms and NewLaw firms – they are niche, nimble and the lawyers who practice in these areas at these smaller firms who are adaptive and authentic will thrive.

How much influence do you, as a general counsel, have on the diversity and inclusions policies of your organisation?

I have enormous influence in this area because I am preparing our company’s very first Diversity Policy. We are committed to establishing and maintaining an inclusive workplace that embraces and promotes diversity, and support and encourage diversity at all levels – the board, senior executives and the workforce generally. I have always believed that there are strategic and personal advantages that arise from a workplace where decisions are based on merit and where all employees are treated equally.

If you had to give advice to an aspiring in-house lawyer or general counsel what would it be and why?

My advice would be that firstly, as a general counsel, you will be a leader. And leadership is a privilege that carries with it a responsibility to harness the strengths of those around you. It’s vital to embrace that. Second, before choosing the path to becoming a general counsel, you need to go in with your eyes open – understand that it is hard work but extremely satisfying. While there is pressure and long hours, there is a certain fulfilment about being part of an executive team making decisions for the entire company and implementing a vision. Third, others will be relying on you to figure out ways to solve problems and make things happen. Businesses want in-house counsel who can think strategically and pragmatically around problems, not just lawyers who can identify them, even if those problems relate to issues outside of your comfort zone. The C-suite wants a lawyer who brings more than just good legal skills. To excel as a general counsel, it’s crucial to have the ability to think commercially and to exercise good judgment and discretion. Cultivate those strengths where you are now. They will stand you in good stead when you make the move in-house.