ArticleDiscussion Paper on Retail Shop Leases Legislation ReleasedThe discussion paper encourages public comment on the latest review of Queensland's retail shop lease legislation. AustraliaReal Estate and ConstructionHopgoodGanim
ArticleDisputing your commercial leaseSecure all instructions and agreed terms at the commencement of a lease matter in case of any subsequent dispute. AustraliaReal Estate and ConstructionKells
ArticleGiving tenants a greater say in the management of strata schemes in NSWThese amendments are aimed at encouraging greater tenant participation in the management of strata schemes in NSW.AustraliaReal Estate and ConstructionMadison Marcus
ArticleGST Liability for Residential Development: Federal Court gives some certainty... for the momentWhether or not a property is considered ’residential premises’ for GST purposes is an important question for both sellers and buyers alike. The full Federal Court recently overturned the decision in the Sunchen case, removing a degree of uncertainty for taxpayers who are party to residential property transactions.AustraliaReal Estate and ConstructionHopgoodGanim
ArticleIs A Holiday Unit An Active Asset?The recent AAT decision in Carson's case held that a single holiday unit was not considered to be an active asset for the purposes of the small business CGT concessions contained in Div 152 of the ITAA 1997.AustraliaReal Estate and ConstructionMoore Australia
ArticleKey changes to the Retail Leases Act into effect in NSW from 1 July 2017Landlords and tenants should take note of these changes as significant penalties can apply should they fail to comply.AustraliaReal Estate and ConstructionColeman Greig Lawyers
ArticleLand Valuations for 2010 to be ReleasedAfter extensive and successful lobbying from various industry organisations, Queensland State Government has agreed to a number of significant amendments to the Valuation of Land and Other Legislation Amendment Bill 2010. The amended Bill as passed commenced on 12 March 2010. AustraliaReal Estate and ConstructionHopgoodGanim
ArticleLandlord's Consent to Assignment of Lease: necessary and may be withheldWill a transfer of lease between joint tenant lessees require the consent of the landlord?AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleLandlord's failure to repair premises may result in compensation payment to tenantA landlord's failure to repair to leased premises may result in the tenant being entitled to compensation.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleLeases of Managed Investment Scheme premises: Who can bring proceedings on behalf of the landlord?Respective rights and obligations of the Responsible Entity and Custodian must be clear on issues of lease enforcement.AustraliaReal Estate and ConstructionDibbsBarker
ArticleLessor disclosure at the time of the assignment of a leaseIf lessee who is assigning their lease requests it, lessors must now provide an up to date disclosure statement within 14 days.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleLimitation period for Victorian building actionsDiscussion of Brirek Industries Case, where County Court of Victoria adopted a more limited reading of s 134 of the Building Act 1993.AustraliaReal Estate and ConstructionMoray & Agnew
ArticleLimited extension of COVID lease protections for small businessesThe NSW Government has extended the requirement for mediation with small businesses until 30 June 2022.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleMandatory Code Of Conduct For Australian SME Commercial Tenancies During COVID-19Over the past weeks, there has been much discussion between industry groups and the Australian Federal Government on the financial stress on commercial tenancies due to the COVID-19 pandemic.AustraliaReal Estate and ConstructionDavies Collison Cave
ArticleMarket Reviews in Retail Leases – Does your Clause Comply?Landlords of NSW retail premises must ensure that the provisions of their leases are not inconsistent with the Act.AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleMediation may not be mandatory before commencing retail lease proceedingsCourts can hear retail shop lease disputes where they are satisfied that mediation is unlikely to resolve the disputes.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleNegotiating leases: retail shop lease add-ons like carparking and storage can fall under the Retail Leases ActWe draw your attention to the findings of a recent case. The case has important ramifications for all shop centre owners and managers and should be kept in mind when negotiating leases.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleNew NSW COVID-19 leasing laws in 2022The NSW Government has made new COVID-19 leasing laws, extending the prescribed period until 13 March 2022.AustraliaReal Estate and ConstructionHolding Redlich
ArticleNew strata laws in NSW - Developers beware!Two new Acts affecting strata title development and management have been passed by the New South Wales parliament.AustraliaReal Estate and ConstructionClarkeKann Lawyers