Position
Damian Burgess is the Founding Partner at Burgess Thomson and specialises in the following areas of practice:
Residential and commercial property conveyancing, contract reviews and contract preparation, sale and purchase transactions, property transfers, first home buyers, off the plan sales and purchases, property development and torrens title land subdivisions, residential strata subdivisions, stamp duty advice, self managed super fund purchases using bare trusts, retirement village contracts and leases
Residential and commercial lending and security including drafting and advising on finance and loan documents, general security and guarantee documents, mortgages, caveats, loan agreements, vendor finance agreements and independent legal advice on personal guarantee documents for guarantors
Commercial and industrial leases, retail leases and lessee and lessor disclosure statements, leasing advice including drafting leases, reviewing and negotiating leases and acting for landlords and tenants, arranging transfer of leases and drafting deeds of assignment of lease, arranging surrender of leases and drafting deeds of surrender of lease, advising on build to lease transactions and drafting agreements for lease, licence agreements and subleases
Estate planning including wills, enduring powers of attorney, appointments of enduring guardians, testamentary discretionary trusts, all needs protective trusts, blended family wills, life estates and right of residence/ life interest trusts, complex estate planning matters, taxation issues, advice regarding superannuation and binding death benefit nominations, integration of existing trust structures within estate planning, company powers of attorney
Business succession planning for family groups, high net worth individuals and privately held businesses including strategies for protection of family wealth through loan and security documentation for family and related entity loans, reviewing trust, SMSF and corporate documentation and advising on strategies and documentation for succession of control
Deceased estate administration including applications for grants of probate and letters of administration, resealing of probate grants in other jurisdictions, acting for executors in all aspects of estate administration including notices of death and transmission applications, realisation of estate assets and arranging distribution of estates to beneficiaries
Deceased estate disputes and estate litigation, including contested estate claims, contested wills due to lack of testamentary capacity, duress, fraud or undue influence, estate administration claims, advice regarding informal wills
Family provision claims under the Succession Act, acting for both plaintiffs in family provision claims and executors defending the estate
Commercial dispute resolution including commercial contract disputes, leasing disputes, partnership and shareholder disputes
Commercial contracts drafting, negotiation, review and advice
Business sale and purchase contracts and advice regarding business acquisitions and employment law issues, asset sale agreements, contracts for sale of shares / share sale agreements, contracts for sale of units / unit sale agreements, deeds of restraint of trade, confidentiality agreements
Business law advice including drafting and advising on unitholder agreements, shareholder agreements, joint venture agreements, partnership agreements, buy/sell agreements
Asset protection and business structures advice including establishment of unit trusts, discretionary trusts and companies for business structuring purposes, advice regarding structuring, deeds of amendment of trust, transfers of business real property assets to self managed superannuation funds
