ArticleDo you need to give disclosure statements for option leases?Where the retail legislation does not specify, play it safe, and provide a disclosure statement for option leases.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleDoes Private Wastewater Infrastructure Within a Roadway Trigger the Requirement to Obtain a State Resource Entitlement?In the recent Queensland Planning and Environment Court decision of Canaipa Developments Pty Ltd v Redland City Council & Ors [2010] QP EC 034, the Court found that a failure to include evidence of a State resource entitlement for private wastewater infrastructure in a public roadway meant that a development application was not properly made.AustraliaReal Estate and Construction
ArticleDoes the disclosure statement override the lease?The Disclosure Statement is not a contract executed by both parties as it is only a statement given by the lessor.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleDoes The Registration Of A Writ Of Execution Trump The Prior Unregistered Interest Of A Buyer Or Mortgagee?A buyer or incoming financier who fails to lodge a settlement notice or caveat to protect their position pending registration of their interest can be at risk that a judgment creditor will register a writ of execution on the title during the period between settlement and registration.AustraliaReal Estate and ConstructionCooper Grace Ward
ArticleE-Alert: A New line of credit? Extension of Queensland COVID-19 leasing regulationsRent relief during this new extension period is available only if a lessee is eligible for the updated JobKeeper scheme.AustraliaReal Estate and ConstructionBroadley Rees Hogan Lawyers
ArticleE-Alert: Lease outgoings error causes multi-million dollar lossRecent case highlights the importance of testing formulas to ensure that drafting complies with intended agreed arrangements. AustraliaReal Estate and ConstructionBroadley Rees Hogan Lawyers
ArticleEssential terms must be agreed in a retail leaseWe discuss Pozetu Pty Ltd v Alexander James Pty Ltd [2016] NSW 205.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleFitting out your business premises, for tenants and landlordsConsider the contract structure, fit out costs and terms of your lease, when planning a fit out of business premises.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleGetting rent determination clauses right in commercial property leasing – Supreme Court rules in favour of CGW clientThe market rent determination by a valuer was invalid as it was inconsistent with the process prescribed by the lease.AustraliaReal Estate and ConstructionCooper Grace Ward
ArticleHigh Court appeal: Willmott Forests: disclaiming of leasehold interests by liquidatorsThe High Court granted leave to appeal the decision relating to the disclaiming of leasehold interests by liquidators. AustraliaReal Estate and ConstructionHunt & Hunt
ArticleHow can landlords and tenants avoid Make Good disputes?By asking key questions during the negotiation stage, landlords and tenants could reduce the risk of future conflict.AustraliaReal Estate and ConstructionDibbsBarker
ArticleLease incentives - things to watch out forIt is common for landlords to provide tenants incentives in a separate incentive deed to enter into a commercial lease.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleLeases And Proposed Energy Efficiency Reporting RequirementsA proposed scheme by the Federal Government places mandatory reporting obligations on landlords (and in some instances tenants) to disclose the energy efficiency of their commercial buildings. AustraliaReal Estate and ConstructionDLA Piper Australia
ArticleMake good issues in leases: need careful thought and planningMake good clauses in leases are usually not given due consideration until the lease nears expiry or has already ended.AustraliaReal Estate and ConstructionLavan Legal
ArticleMisrepresentations In Advertising Material For The Proposed Sale Of Land: Some Lessons From A Recent CaseA recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for saleAustraliaReal Estate and ConstructionNorton Rose Fulbright Australia
ArticleMitigating liability of a business seller: A guide to successful lease assignmentsExplores lease assignment process & importance of a thorough Assignor's Disclosure Statement in safeguarding seller's interests. AustraliaReal Estate and ConstructionMellor Olsson
ArticleNew Sustainability Obligations of Vendors and DevelopersIn a bid to improve sustainability in the building sector, all Queensland house, townhouse and unit vendors are now required to complete sustainability declarations under amendments to the Building Act 1975 ("the Act").AustraliaReal Estate and ConstructionBarry Nilsson
ArticleNSW Court Rules A Moral Obligation To Pay Is Enough To Secure PaymentThe Supreme Court of New South Wales in Olbourne v Excell Building Corp Pty Limited [2009] NSWSC 349 has held that the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) will apply when there is a moral obligation to pay for construction work. AustraliaReal Estate and ConstructionDLA Piper Australia
ArticleNSW introduces new laws to regulate airbnb-style, short-term rental accommodationA key piece of reform anticipated in the legislation was a proposed Code of Conduct for short-term rental accommodation.AustraliaReal Estate and ConstructionCorrs Chambers Westgarth
ArticleOptions require strict complianceThis retail lease case provides an in-depth assessment of what an option is and what is required to exercise an option.AustraliaReal Estate and ConstructionColin Biggers & Paisley