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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 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


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



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