Deal profile | Gadens supports the development of “Trijena”, a new residential community in Mickleham, Australia’s fastest growing suburb

Gadens has acted for Potter George in the development of “Trijena”, a large residential community in Mickleham, Victoria.

Property developer, Potter George is renowned for transforming master plan greenfield sites into residential communities to accommodate Australia’s growing population. Potter George is headed by Gold Coast property developer and ex Villa World CEO, John Potter and successful Sydney property developer Phillip George.  For this project, Potter George engaged Urban Base, a specialist property company focused on providing a complete development solution, to assist with the delivery of Trijena.  Mickleham is currently one of Australia’s fastest growing suburbs, forming part of the Merrifield West Precinct Structure Plan. The Plan provides more than 7,000 new homes, three mixed-use local town centres, community facilities, two secondary and four primary school sites.

The Victorian Planning Authority (on behalf of the Minister for Education) and Potter George successfully negotiated a Growth Area Infrastructure Contribution Work-in-Kind Agreement, in which Potter George transferred the designated primary school site forming part of the development land to the State Government in lieu of paying the Growth Areas Infrastructure Contribution.

The title for the future primary school was transferred to the Minister of Education on 2 February 2019, completing Stage 1 of the agreement between Potter George and the State Government.

Gadens was engaged to advise on the legal and commercial elements of entering into the agreement with the State Government. This involved drafting and negotiating the agreement including advising in respect to the relevant planning implications and meeting and liaising with the various government departments and bodies, drafting and negotiating a staged payment arrangement in respect to the Growth Area Infrastructure Contribution and preparing and attending to the transfer of the school site to the State Government.  

Firms involved: Gadens (Acting for Potter George), Thomson Geer (Acting for the adjoining land owner) and Victoria Government Solicitor Office (Acting for the State Government).

Deal area: Real estate

Practice groups involved: Property, Construction & Planning in addition to the Tax team.  

Key team members: Gadens Partners Brihony Boan and Meg Lee led the team. Other lawyers involved in the matter include Associates Elizabeth Stokes, Zina Teoh and Wesley O’Brien.

Deal significance: The Merrifield West Precinct Plan aims to transform more than 900 hectares of land into an integrated city, which will be the future home for more than 20,000 people. The Plan represents Australia’s significant investment infrastructure, schools, roads and public transport.

The Potter George Merrifield West GAIC WIK Agreement is one of only a handful of GAIC WIK Agreements that have been successfully finalised in Victoria and is a significant transaction for Potter George, the local community and the State Government.