Lachlan Gepp
Partner
Crystal Xu
Lawyer
Jake Talbot
Lawyer
Thomas Wilson
Senior Associate
Samantha Shields
Partner
Georgia Mackenzie
Lawyer
Kasumi Scott
Lawyer
Po Tsai
Lawyer

Emile McPhee

Partner

Emile McPhee takes an outcomes-oriented approach to his work, using his deep expertise to address challenges and build relationships, assisting clients in the property and finance space across Australia. Known for his passion about community partnerships and access to justice, Emile is always at the forefront of pursuing success for his clients and the community.

Emile has developed niche specialisations in the areas of social and affordable housing, specialist disability accommodation and retirement living. He has a depth of experience acting on housing developments and operations of all sizes, as well as advising banks, private lenders and developers on property financing.

In addition to his specialisations, Emile has significant experience in retail and commercial leasing, acquisitions and disposals, fund through arrangements, and property structuring and management, assisting on both one-off transactions and portfolio management.

Emile is also an experienced banking and finance lawyer, and has assisted financiers, borrowers and guarantors on financing transactions ranging from significant off the plan property developments to project financing and the roll out of loan portfolios in excess of $1 billion.  He is an industry leader in community housing financing, having assisted the sector in the development of the Queensland master funding agreement, as well as acting for many community housing providers (CHPs) on State, Federal and private financing arrangements.  He is well-versed in assisting secured creditors and receivers on standstill arrangements and enforcement, and regularly advises on security arrangements including under the Personal Property Securities Act.

With a deep connection to community, Emile serves as a Board member of Jacaranda Housing, a recognised Tier 2 CHP in Queensland, and is a member of the Urban Development Institute of Australia (UDIA) Queensland Housing Supply & Affordability Committee. His passion for justice extends to his membership of the Queensland Law Society’s Access to Justice and Pro Bono Law Committee, as well as many years leading the LGBTI Legal Service.

Prior to joining Hamilton Locke, Emile worked at McCullough Robertson for over 12 years.

AREAS OF EXPERTISE

Banking and Finance; Community Housing; Not-for-profit; Real Estate; Aged Care and Retirement

AWARDS
  • Best Lawyers (Australia), Banking and Finance Law, Ones to Watch – 2023, 2024, 2025
  • Best Lawyers (Australia), Real Property Law, Ones to Watch – 2023, 2024, 2025
  • Best Lawyers (Australia), Retirement Villages and Senior Living Law, Ones to Watch – 2023, 2024, 2025
  • Pride in Law Award – 2021
QUALIFICATIONS
  • Bachelor of Laws, Bachelor of Science – The University of Queensland
  • Admitted to practice in Queensland

 

SELECTED REPRESENTATIONS
  • Assisting Cedar Pacific with a 475 unit build-to-rent pilot project with the State of Queensland, including bid advisory work, transaction document negotiations and financing arrangements.
  • Acting for a Tier 1 community housing provider on their largest Queensland development, including negotiation of services contract, interface deed and governance arrangements, navigating complex regulatory overlays and financier requirements.
  • Representing a retirement village and land lease community operator on acquisitions across Queensland and New South Wales, including both operating and development sites.
  • Advising specialist disability accommodation providers on all aspects of leasing and management arrangements, including developing template headleases and service contracts.
  • Acting for a major Australian bank on their successful refinance of a $300m retail investment portfolio, including complex negotiations and review of over 50 key documents, achieving financial close in under 4 weeks.
  • Assisting the receiver and manager in the disposal of the Chalk Hotel mixed retail, commercial and residential site, including complex State leasehold arrangements, liquor and gaming licenses, vendor finance and ultimate debt sale.
  • Representing the community housing sector, through industry bodies CHIA Queensland, Q Shelter and Aboriginal and Torres Strait Islander Housing Queensland, on the proposed master funding agreement with the Department of Housing and Public works, including through the facilitation of workshops and providing written briefings and summaries.
  • Advising private clients with significant property acquisitions and disposals, retail and commercial leasing arrangements, as well as lending requirements (including family loan arrangements).
  • Assisting a range of clients to implement electronic execution protocols, balancing commercial drivers and risk management requirements.
  • Acting for a range of entities on employee housing arrangements, including providing advice on the legislative frameworks, developing processes and template documentation, and assisting with ad hoc queries.