An essential component of a lease is that the tenant have 'quiet enjoyment' of the leased premises. The concept of 'quiet enjoyment' distinguishes leases from licence agreements. While most commercial leases include a specific provision granting the tenant 'quiet enjoyment', the right is in any...
Process to be followed to minimise claims for unfair dismissal. Many people are of the view there is a legal requirement that you have to give employees three written warnings before you are able to terminate them, commonly known as the 'three strikes and you're out'...
Read the Solari & Stock Newsletter - February 2015 here. Want to subscribe to our Newsletter? Email us today!...
A South Australian case has highlighted issues which can arise if a contract has not been correctly signed. It raised the question of whether a director who purported to sign a contract on behalf of a purchaser company can be personally liable for damages to...
Over time we have been queried by Agents in respect of when can a Vendor/s bid at an auction? There are two instances when a Vendor can bid at an auction. These are set out below: Vendor Bid A Vendor has a mandatory 'Vendor bid' available to be...
It is common for people who control valuable business or tax structures and entities outside of their estate to make provision for their family through those entities when they die, as opposed to leaving gifts to them in their Will. A recent Queensland case highlighted where,...
When purchasers enter into a contract to purchase a property and there are two or more of them (including two or more companies), they need to decide how the property is to be held. They have two options. These are to purchase as Joint Tenants or...
Read the Solari & Stock Newsletter - November 2014 here. Want to subscribe to our Newsletter? Email us today!...
As Brokers/Financiers, you probably don't need, or want, to be reminded that we are roughly 35 days away from that wonderful time of year when Lawyers go on holidays and leave the world at peace. With this in mind you will need to be vigilante when...
In some commercial dealings, having two directors sign a document or asking for a copy of a board resolution in order to verify that a representative is authorised to bind the company is not always practical or possible. In some circumstances you may be able to...