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  • Article

    Do 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 Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Does 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
    DLA Piper Australia
DLA Piper Australia
  • Article

    Does 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 Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Does 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 Construction
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    E-Alert: A New line of credit? Extension of Queensland COVID-19 leasing regulations

    Rent relief during this new extension period is available only if a lessee is eligible for the updated JobKeeper scheme.
    AustraliaReal Estate and Construction
    Broadley Rees Hogan Lawyers
    Broadley Rees Hogan Lawyers
  • Article

    E-Alert: Lease outgoings error causes multi-million dollar loss

    Recent case highlights the importance of testing formulas to ensure that drafting complies with intended agreed arrangements.
    AustraliaReal Estate and Construction
    Broadley Rees Hogan Lawyers
    Broadley Rees Hogan Lawyers
  • Article

    Essential terms must be agreed in a retail lease

    We discuss Pozetu Pty Ltd v Alexander James Pty Ltd [2016] NSW 205.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Fitting out your business premises, for tenants and landlords

    Consider the contract structure, fit out costs and terms of your lease, when planning a fit out of business premises.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Getting rent determination clauses right in commercial property leasing – Supreme Court rules in favour of CGW client

    The market rent determination by a valuer was invalid as it was inconsistent with the process prescribed by the lease.
    AustraliaReal Estate and Construction
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    High Court appeal: Willmott Forests: disclaiming of leasehold interests by liquidators

    The High Court granted leave to appeal the decision relating to the disclaiming of leasehold interests by liquidators.
    AustraliaReal Estate and Construction
    Hunt & Hunt
    Hunt & Hunt
  • Article

    How 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 Construction
    DibbsBarker
    DibbsBarker
  • Article

    Lease incentives - things to watch out for

    It is common for landlords to provide tenants incentives in a separate incentive deed to enter into a commercial lease.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Leases And Proposed Energy Efficiency Reporting Requirements

    A 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 Construction
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Make good issues in leases: need careful thought and planning

    Make good clauses in leases are usually not given due consideration until the lease nears expiry or has already ended.
    AustraliaReal Estate and Construction
    Lavan Legal
    Lavan Legal
  • Article

    Misrepresentations In Advertising Material For The Proposed Sale Of Land: Some Lessons From A Recent Case

    A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale
    AustraliaReal Estate and Construction
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Mitigating liability of a business seller: A guide to successful lease assignments

    Explores lease assignment process & importance of a thorough Assignor's Disclosure Statement in safeguarding seller's interests.
    AustraliaReal Estate and Construction
    Mellor Olsson
    Mellor Olsson
  • Article

    New Sustainability Obligations of Vendors and Developers

    In 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 Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    NSW Court Rules A Moral Obligation To Pay Is Enough To Secure Payment

    The 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 Construction
    DLA Piper Australia
    DLA Piper Australia
  • Article

    NSW introduces new laws to regulate airbnb-style, short-term rental accommodation

    A key piece of reform anticipated in the legislation was a proposed Code of Conduct for short-term rental accommodation.
    AustraliaReal Estate and Construction
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Options require strict compliance

    This retail lease case provides an in-depth assessment of what an option is and what is required to exercise an option.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Showing 721–740 of 1614 results

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