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BUNDLE

NSW Conveyancing, Business and Franchise, Mortgages and Leases

This bundle includes guides from the following four publications.


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


Conveyancing (NSW)


A complete matter-management solution which allows conveyancers and support staff to run a busy conveyancing practice. Includes the By Lawyers Contract for Sale of Land.


Each step in the transaction is set out in sequential order with easy access to all of the required precedents and a simple but comprehensive commentary. The publication includes the reference materials ‘1001 Conveyancing Answers’, ‘A full description of the sale process in NSW’ and ‘A full description of the purchase process in NSW’. 


Popular precedents include:



  • Contract for sale of land – By Lawyers 

  • Order on the agent 

  • Letter to vendor's solicitor with settlement adjustments and requesting payment directions 

  • Detailed cover sheet - Purchase of real property 

  • Section 66W certificate 

  • Direction to pay to purchaser’s solicitor

  • Notice to complete

  • Contract for sale of land – Law Society

  • Letter to vendor's solicitor submitting transfer

  • Settlement instructions mortgagee


Business and Franchise (NSW)


The Sale and Purchase of Business and Franchise publications seek to assist the practitioner to successfully navigate the complex process that is business conveyancing.


The commentaries set out the tax consequences of sale price apportionment and explain the tax treatment of stock, long service leave and other employee entitlements, the status of the premises and many other important issues.


The many precedents include the By Lawyers 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, the effective release of PPSR security interests, the transfer of business assets including copyright works, trade marks, supplier contracts and the ASIC requirements for the transfer of the business name. The contract also customises the competition restraints so they are enforceable, binds the key people and deals with confidential information and non?solicitation of staff and customers.


The comprehensive matter plan is an effective risk management tool, assisting practitioners to work though the matter ensuring the necessary steps of a typical matter are considered as required.


The Business Structures and the Comparative Table commentary usefully compares the various business structures. This is particularly useful when advising purchasers.


The Franchises commentary is a comprehensive manual on franchise agreements.



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



Popular precedents in this publication include:



  • By Lawyers Uniform Contract for Sale of Business

  • Retainer instructions

  • Library of 24 special conditions

  • Library of 19 other contracts, licences and agreements

  • Settlement adjustment sheet

  • Client Enclosure - Summary of relevant considerations


Mortgages (NSW)


Use this comprehensive and practical guide to prepare loan agreements, mortgages and guarantees for most of the transactions required in general practice.


The detailed commentary includes information on the formal requirements for identification of parties, execution, registration and enforcement.


Some of the most popular precedents in this publication include: 



  • Notice to owners corporation section 22 notice

  • Letter to discharging mortgagee requesting discharge

  • Mortgage linked loan agreement

  • Standard terms document - Registered memorandum AJ843928

  • Acknowledgement of receipt of memorandum

  • Authority to complete documents and satisfy requisitions

  • Direction to pay

  • No security loan agreement

  • Letter to mortgagor's solicitor submitting documents


Leases (NSW)


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



MATTER PLAN