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BUNDLE

Leases, Wills, Business & Franchise

This bundle includes guides from the following three publications, as well as our Practice Management guide as an extra bonus!


Recent updates can be viewed on Obiter - our News & Updates site.  


Leases


A guide to negotiating and drafting retail, commercial and rural leases including assignment, termination, transfer and other related transactions. The commentary covers the Retail Leases Act requirements and key practical issues in leasing such as bank or personal guarantees, interruption, outgoings, repairs, renewals, registration and subleases.


Precedents include commercial and retail leases in plain English, agreements to lease, disclosure statements, licences, a library of additional clauses and notices, appropriate letters and all that is required for the quick and accurate production of leases and advice to landlords or tenants. Our comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.


Some of the most popular precedents in this publication include:



  • Advice to parties reviewing a lease

  • LEASE - Retail - Annexures A and B

  • LEASE - Commercial industrial - Annexures A and B

  • Deed of assignment of lease

  • Reply to lessor's solicitor returning executed lease

  • Notice to Owners Corporation


Wills, Powers and Advance Care Directives


This valuable and thorough publication allows the practitioner to take instructions using a comprehensive and methodical instruction sheet then prepare wills, powers of attorney, supportive attorney appointments, medical treatment powers, advance care directives and support person appointments with confidence, whether for a single client or for complex families and including where the clients have an extensive or complicated asset portfolio.


Precedents include various ways to deal with blended families, superannuation death benefits and rights to occupy.


Commentary includes discussion of the tax treatment of superannuation, the use of testamentary trusts, family provision considerations and dealing with assets in multiple jurisdictions.


Take the worry and risk out of will drafting and maximise its value to your practice by using our excellent and easy to follow publication.


Business and Franchise


The easy to follow, comprehensive procedures and checklists in this guide eliminate common issues which cause delay or dispute in relation to contracts for sale of business, such as purchaser entity, finance, premises and franchise requirements.


Precedents include our new Uniform Contract for Sale of Business which covers all aspects of the transaction from pre-exchange vendor warranties and purchaser guarantees (by shareholders where applicable) to completion, including effective releases of PPSR security interests, transfer all of business assets including copyright works, trade marks, supplier contracts, et cetera and the ASIC/Fair Trading requirements for the transfer of business name. Our contract also customises the competition restraints so they are enforceable, bind the key people and deal with e-commerce, non-solicitation of staff and customers and confidential information.


The commentary compares business structures, sets out the tax consequences of sale price apportionment, explains the tax treatment of stock, long service leave and other employee entitlements, considers the status of the premises and any franchise agreement and discusses many other important issues affecting business conveyancing.


Some of the most popular precedents in this publication include:



  • Uniform contract for sale of business

  • Letter to purchaser's solicitor submitting contract

  • Letter to vendor's solicitor with executed contract for exchange

  • Direction to pay to purchaser's solicitor

  • Order on agent

  • Notice to complete

  • Direction to pay to incoming mortgagee

  • Summary of relevant considerations

  • Letter to vendor's solicitor raising requisitions



MATTER PLAN