David Krolikowski Principal Solicitor

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.


David’s expertise has been recognised as follows:

  • The Best Lawyers™ in Australia for Real Property Law (2018-2020).
  • Doyles Guide – recommended in the Leading Property & Real Estate Lawyers category (Victoria, 2018).
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Latest News & Insights

COVID-19 – offsetting the impact on commercial tenants & landlords

Posted By on 22/03/20 at 1:35 PM

Various articles have explored the potential rights that tenants and landlords have under their leases, in the face of the impact of COVID-19.  Most leases do not deal with unprecedented events such as we are currently facing with COVID-19.  In summary, and subject to the specific terms of the relevant lease, landlords and tenants (in … Read more

Why is Kaufland departing Australia?

Posted By on 23/01/20 at 10:37 AM

Kaufland, part of the world’s fourth largest retailer, Schwartz Group, has announced it will not continue with its plans to commence trading in Australia – despite having broken ground on its first distribution centre, and having gone through the process of securing around 20 Australian sites and associated planning approvals. Unless this is some bizarre … Read more

SPEAR – technology leads to efficiency for subdivisions

Posted By on 2/10/18 at 8:54 AM

Electronic lodging of Plans of Subdivision and Consolidation via SPEAR SPEAR is an online based lodging system operated by Land Use Victoria, allowing subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online, anytime. A few months ago we undertook our first ever lodging of a plan of subdivision … Read more

E-conveyancing – does anyone want to settle electronically?

Posted By on 21/02/18 at 2:54 PM

By Claire Carrucan (Senior Associate) and David Krolikowski (Director) Unless you’re been living under a rock (or you’re unlucky enough not to practice in property law), the terms PEXA and e-conveyancing should be familiar to you. E-conveyancing is possibly the biggest shake up to conveyancing practice since the Torrens title system was introduced, and time … Read more

Exemption from foreign purchaser additional duty – new guidelines

Posted By on 6/02/18 at 12:09 PM

The Treasurer has released new guidelines, effective from 5 January 2018, regarding the factors to be considered when determining whether a foreign purchaser is entitled to an exemption from foreign purchaser additional duty (FPAD) on residential land. We’ve summarised below the changes from the old guidelines, as well as the significant new guidelines. Summary The … Read more

Absentee owner land tax surcharge exemption – new guidelines

Posted By on 30/01/18 at 11:01 AM

The Treasurer has released new guidelines, effective from 5 January 2018, regarding the factors to be considered when determining whether an absentee owner is entitled to an exemption from the absentee owner land tax surcharge (AOLTS). We’ve summarised below the changes from the old guidelines, as well as the significant new guidelines. Summary The new … Read more

Land tax surcharge bites landlords and tenants

Posted By on 21/12/17 at 8:00 AM

A recent decision of the Victorian Civil and Administrative Tribunal (Tribunal) regarding a land tax surcharge may have a significant impact upon property investors and their tenants. What was the decision? In Kamirice Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2017] VCAT 2087, the Tribunal upheld the Commissioner’s decision not to grant an … Read more

Changes to smoking laws in Victoria

Posted By on 1/08/17 at 2:18 PM

A ban on smoking in outdoor dining areas will come into effect as of 1 August 2017. The Tobacco Amendment Act 2016 (Vic) (Amendment Act) amends the Tobacco Act 1987 (Vic) (Act) so that no person may smoke in an outdoor area where food is being served. This will presumably include footpath dining areas, beer … Read more