ArticleSMSFs and COVID-19 relief – what auditors need to look at!The ATO have made clear what they require auditors to obtain from SMSFs that have provided relief.AustraliaTaxCooper Grace Ward
ArticleBeware Retail Lease Disclose StatementsThe Disclosure Statement contains important information about the premises and the commercial terms of the lease.AustraliaReal Estate and ConstructionSwaab Attorneys
ArticleCourt Clarifies Residential Premises TestBecause rental income derived from residential premises and sales of second hand residential premises are input taxed (ie no GST payable), determining whether real estate qualifies as 'residential premises' is very important.AustraliaReal Estate and ConstructionGadens Lawyers
ArticleE-Alert: Costs charged by resident manager upheld by Court of Appeal – Body Corporate Management Rights UpdateCaution should still be adopted in applying this decision to the operation of the current Property Occupations Act 2014.AustraliaReal Estate and ConstructionBroadley Rees Hogan Lawyers
ArticleHow easy is it for your landlord to deny your right to exercise an option?Your starting point when contemplating an exercise of option should be a review of the option provisions in your lease.AustraliaReal Estate and ConstructionColeman Greig Lawyers
ArticleLandlord liable for putting lease premises 'in a state of utter devastation'Arrangements with the changeover of tenants must be completely finalised and documented before any work is performed.AustraliaReal Estate and ConstructionCooper Grace Ward
ArticleNew residential strata defect bond and inspection regime coming into effect in NSWThe building bond will be used by the owners corporation to meet the cost of rectifying "defective building work".AustraliaReal Estate and ConstructionSparke Helmore Lawyers
ArticleQCAT finds retail tenant not responsible for payment of trade waste chargesLandlords should be aware of this decision where the tenant was found not liable to pay any outgoings under the lease.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleStrata Wars - Why Common Property Is The New Legal BattlegroundThis article explores two significant legal decisions that clarify the scope of an OC's duty under section 106 of the SSMA.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleThe complexity of interest in retail leasing disputesRecent case distinguishes between 3 different kinds of interest in retail leasing disputes.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleValuers - must tenants provide turnover figures?A valuer may not be able to do a market rent review of licensed premises based on turnover figures, if none are provided.AustraliaReal Estate and ConstructionMadgwicks
ArticleWas a farmer entitled to a perpetual lease over land he sold to a mining company? Which case won?The court needed to decide if the farmer was granted a perpetual lease or if he should be ordered to vacate the property.AustraliaReal Estate and ConstructionStacks Law Firm
ArticleQueensland: COVID-19 Emergency Response Bill 2020 - Commercial landlords and tenantsQld Bill aims to mitigate impact of COVID-19 by enabling new regulations that will govern retail landlords & tenants.AustraliaCoronavirus (COVID-19)Colin Biggers & Paisley
ArticleTemporary COVID-19 relief packages for commercial and residential tenantsThe NSW and Commonwealth Governments announced temporary relief packages for retail, commercial and residential tenants.AustraliaCoronavirus (COVID-19)Kells
ArticleAssistance animals in caravan parksAn "assistance animal" is legally recognised as a medical aid providing an essential function for people with disability.AustraliaFood, Drugs, Healthcare, Life SciencesKott Gunning
ArticleReal property leases and insolvency ipso facto clausesArticle discusses the rights of landlords when their tenant becomes insolvent.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleUnderstanding Constructive and Resulting Trusts: Key Differences and Legal ImplicationsUnderstanding the nuances between these two concepts is essential for anyone navigating property law or seeking remedies.AustraliaLitigation, Mediation & ArbitrationMcCarthy Durie Lawyers
ArticleAs A Landlord Of Retail Space – Are You Complying With The Act?If you are a landlord of retail shop premises in Queensland (as defined in the Retail Shop Leases Act 1994 (the Act)), you may not be aware of the notification obligations that arise as your tenants approach the end of the terms of their leases, or more significantly, the potential consequences for failing to satisfy these obligations. AustraliaReal Estate and ConstructionDLA Piper Australia
ArticleAssignment of Retail Lease Successfully Refused by Landlord Due to Change of UseAssignment of Retail Lease Successfully Refused by Landlord Due to Change of Use AustraliaReal Estate and ConstructionCarroll & O'Dea