PROPERTY LAW
ARTICLES
I want to lease my Queensland retail shop – what next?
You are a property owner with retail shop and you want to lease the shop. If you are in Queensland, you must comply with the Retail Shop Leases Act 1994 (QLD). To keep you on track, we provide links to the Queensland approved forms for use when you want to lease your...
Cooling Off Rights in Property Contracts – A Blessing or a Curse?
Understanding cooling off is critical! A recent matter has prompted us to write an article warning of the dangers of entering into a contract for the purchase of a property without being absolutely sure that you are ready to do so. We recently received a call from a...
Commercial Tenancies and Covid-19 Code of Conduct
On 7 April 2020, the Federal Government released the National Cabinet Mandatory Code of Conduct (the Code), which is applicable to certain commercial tenancies of small and medium enterprises which have been impacted by the COVID-19 pandemic (SME Tenancies). The Code...
Unintentionally Bound: the Case of Informal Agreements in Commercial Tenancy Ventures
It comes as a surprise to clients when, on occasion, they find themselves either subject to, or trying to enforce, “informal agreements”. Informal agreements may come in the form of an exchange of discussions in respect to an arrangement, or a signed Lease Offer. It...
Related Party LRBAs and PCG 2016/5: A review and recommendations for Trustees for Smooth Sailing
The release of PCG 2016/5 comes as no surprise, which follows on the back of the Australian Taxation Office (ATO) publications ATO ID 2015/27 and ATO ID 2015/28, which set the tone for related party Limited Recourse Borrowing Arrangements (LRBAs). The ATO’s 2015...
Joint Tenants or Tenants in Common – What’s the Difference?
If you hold real property with another person, it is important to know whether you hold the property as joint tenants or as tenants in common. What’s the difference? A joint tenancy is where two (or more) people (or legal entities) own an asset jointly – that is 100%...
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