Retail and commercial leases normally include provisions setting out the tenant's specific insurance obligations. Typically a failure to adhere to these obligations will result in a breach of the lease. Additionally, most leases require the tenant to 'indemnify' the landlord against certain losses or occurrences...
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...
Read the Solari & Stock Newsletter - November 2014 here. Want to subscribe to our Newsletter? Email us today!...
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...
As the number of Australians engaged with the rental market increases, it's unsurprising that issues can sometimes arise between landlords and tenants. Ideally, any difficulties between a landlord and tenant will be resolved amicably. However, there may be times when an issue is so serious,...
Every person starting a business has aspirations for their endeavour to be highly successful and oftentimes will also put a significant amount of their financial assets into their business venture. Unfortunately, not all businesses succeed, and many small business owners have to deal with the...
There's no escaping the fact that property prices are rather high in Australia. Therefore, a large number of people will be involved with the rental market, and because there are probably more renters then properties to lease, it's important that renters are aware of their...