David Krolikowski Director

David Krolikowski leads the Commercial Property & Development team.

David has extensive, in-depth experience in relation to property acquisition, sale, development and leasing, with a particular focus upon retail, industrial and commercial leasing. He built his knowledge acting for a range of shopping centre and commercial office building owners, as well as various international retail tenants.

David minimises the myriad risks faced by clients acquiring interests in property, using his strong property knowledge and a pragmatic approach based on his understanding of his client’s specific needs. He reduces costs and hazards for his clients by providing timely advice at an early stage of a transaction.

David acts for various property developers, as well as for tenants of purpose-built facilities and commercial offices in areas of retail, logistics, manufacturing, health services and information technology.

For over a decade David has advised ALDI in relation to its property holdings in Victoria. This has included negotiating complex heads of agreement, contracts of sale, agreements for lease, leases, licences and other related documents with property owners ranging from individuals, to municipal authorities, to listed corporations and even competitors.

David regularly acts for clients dealing with major property owners such as Vicinity Centres, ISPT, GPT, Dexus and Scentre Group.

As the team leader, David has overseen numerous matters, including providing strategic and legal advice in relation to:

  • agreements for lease and leases for a listed auto parts supplier in various Australian states;
  • complex lease arrangements, including the exercise of an option to purchase, enforcement of exclusivity arrangements and disputes over a rent guarantee for a health services business;
  • a long term option for the sale of a large parcel of land in Melton;
  • the development, leasing and sale of a childcare centre;
  • the acquisition and development of a multi-use site for a petrol station, retail shops and other complementary uses; and
  • a succinct plain English agreement for lease and lease for multiple pop-up shops in a modern retail precinct for a major land owner.

In addition, David regularly advises businesses whose property-holdings are somewhat incidental to their primary operations – filling the knowledge gap, to ensure the clients can focus on what they know best.

With experience on both sides of leasing transactions, David is particularly well placed to navigate negotiations in order achieve arrangements commercially acceptable to all parties.

Recognition

David’s expertise has been recognised in the The Best Lawyers™ in Australia (2018) for Real Property Law.

Latest News & Insights

Why use a Heads of Agreement?


Posted By on 6/03/17 at 11:12 AM

By James Lainas and David Krolikowski What is a Heads of Agreement (HOA)? An HOA is a written document that records two (or more) parties’ intentions to enter into a more comprehensive agreement in the future. It sets out the main commercial terms and other arrangements that the parties agree to include in the agreement, … Read more

Compliance with landlords’ insurance policies


Posted By on 2/03/16 at 5:10 PM

Issue Commercial leases often contain provisions that prohibit the tenant from doing anything that may void a landlord’s insurance policy or cause insurance policy premiums to increase. The lease typically gives the landlord the right to demand from the tenant reimbursement of any increase in premiums as a result of the tenant’s breach, and to … Read more