Keep the premises in good repair

The obligation to keep premises in good repair is a fundamental aspect of lease agreements, carrying significant legal implications for tenants and landlords alike. This guidance note provides expert analysis on the scope and limitations of repair obligations under current property law. Practitioners must understand how these evolving legal requirements affect lease negotiations and ongoing tenancy responsibilities. ...

Comply with the law and landlord’s rules

Understanding how to comply with the law and landlord’s rules is essential for tenants navigating commercial leases. Practitioners must assess key compliance areas to avoid costly disputes and ensure lease adherence. Topics Covered Compliance with the law Compliance with the landlord’s rules Compliance with insurer and fire accident underwriters’ requirements Essential Insights Understand...

Rent review for retail leases

The comprehensive guidance note on rent review for retail leases covers the intricate regulatory framework governing rent adjustments across Australian jurisdictions. Authored by leading experts, this note dissects key legislative restrictions, valuation procedures, and the role of specialist retail valuers in ensuring compliant rent reviews. Topics Covered Definitions and interpretation Restrictions on rent reviews...

What is a GST-free supply?

The concept of a GST-free supply is a critical area of Australian tax law, particularly relevant for legal practitioners advising on property and commercial transactions. This guidance note authored by tax law experts provides an authoritative overview of when supplies are GST-free under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). It explores the scope of GST-free supplies, focusing on essential goods...

Notice to perform, notice to complete and service of notices

This comprehensive guidance note provides expert legal insight into the critical concepts of notice to perform and notice to complete within property law contracts across Australian jurisdictions. Practitioners must understand the nuanced distinctions and procedural requirements involved in serving these notices to protect contractual rights effectively. Topics Covered Notice to perform by jurisdiction Notice...

Key concepts and terminology for ending a sale of land contract

The key concepts and terminology for ending a sale of land contract are essential for practitioners navigating the complexities of property transactions. This guidance note outlines critical legal principles surrounding termination, rescission, repudiation, and other grounds for ending contracts. Understanding these terms is vital to assess risks and obligations without prematurely concluding a contract dispute. Topics...

Foreign resident capital gains withholding in property sales

This expert guidance note provides a comprehensive overview of the foreign resident capital gains withholding (FRCGW) regime impacting Australian property sales. Practitioners must understand the critical obligations for purchasers and vendors under current taxation laws. The guidance explores key mechanisms affecting withholding tax compliance and highlights jurisdiction-specific contract provisions. Topics Covered...

Adjustments: Essential Legal Guidance on Property Income and Outgoings

The guidance note on Adjustments provides expert legal insight into the critical process of apportioning income and outgoings between vendors and purchasers during property transactions across Australian jurisdictions. Practitioners must ensure that they understand the strategic implications of adjustments. This essential resource covers the legal framework, common contractual provisions, and jurisdiction-specific nuances...

Nominations: Comprehensive Legal Guidance on Property Transactions

Understanding nominations is essential for property lawyers and purchasers navigating the complexities of Australian real estate transactions. This guidance note explores the strategic and legal framework surrounding nominations, including critical jurisdictional nuances and associated risks. It highlights the purchaser’s rights, contractual implications, and the interplay with stamp duty and GST obligations. Practitioners...

Misdescriptions

This guidance note on misdescriptions provides a comprehensive overview of the critical legal issues arising when the property transferred differs from that described in the contract. It explores state-specific conveyancing requirements, common law and equitable remedies, and the interplay of statutory provisions with standard form contracts across Australian jurisdictions. Topics Covered New South Wales: Conveyancing...