When a tenant and landlord of a commercial property are in dispute often the first remedy a landlord will look for in this position is to evict the tenant and get a new tenant in as soon as possible. In a commercial lease, provision for evicting...
Many employers are now familiar with the Fair Work Act 2009 (Cth) (the Act). Despite this, recently there has been an increase in applicants bringing claims under the "General Protections" regime contained in Part 3-1 of the Act.Part 3-1 of the Act provides protection of...
A commercial lease over retail, commercial or industrial premises usually sets out the obligations of the landlord and tenant in relation to maintenance and repair of the premises. In most commercial leases the tenant is responsible for the rented premises including the walls, floors, fixtures and...
A Shareholders Agreement is a binding contract between the Shareholders or Members of a company which sets out the legal relationship between the Shareholders and the Company. Although Shareholders Agreements are not compulsory under the Corporations Act 2001 (Cth) (Act) the Act does not...
Many clients have been concerned about how the decline in the Sydney market, over the last 6 -12 months , could affect their family law property settlement. There has been significant fluctuation in the market in this period and as much as 35% has been...
When getting divorced or separating from your long term partner there will be many things that will need to be carefully considered. Divorce: the end of the marriage Your divorce and your Family Law matter for are two completely separate processes. The divorce signifies...
With the property market cooling and record numbers of off the plan residential developments reaching completion, the issue of defects in building contracts is popping up more and more. A residential development containing a defect will often appear perfect from the outside and only present themselves upon...
Subcontracting out work rather than employing staff is becoming increasingly common due to the rise in additional costs of employment such as: SuperannuationPayroll taxLeave entitlements PAYG Various Insurances Loadings and allowances Contractors often receive a higher rate of pay if it were broken hourly but are left...
A question which arises in all Conveyancing transactions is whether an item within the property is a fixture (which stay with the property on sale, unless noted in the contract otherwise) or fitting/inclusion (which are to be taken from the property on sale unless noted...
With the recent gazettal of the new LEP for the Sutherland Shire Council, there are numerous developers making offers to enter into options to purchase properties for the purpose of redevelopment. It is therefore timely to look at the issues that should be addressed in acting...