QLD Leases, Mortgages and Companies
This bundle includes guides from the following three publications.
Recent updates can be viewed at Obiter - News & Updates, via the link above.
QLD 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 Shop 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
QLD Mortgages
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
Companies, Trusts, Partnerships and Superannuation
This valuable publication provides a simple guide to companies, trusts, partnerships, joint ventures and superannuation, with all commonly required documents, allowing you to advise and service your clients with confidence.
Superannuation is explained simply and comprehensively, and is accompanied by a full suite of precedents, including everything needed to set-up, run and amend a self managed superannuation fund.
The commentary provides a tax and succession planning overview sufficient for most circumstances found in general practice.
Some of the most popular precedents included in this publication:
- Comparative table of business structures
- Limited recourse borrowing documentation
- Company constitution
- Company resolution
- Shareholder agreement (long and short forms)
- Agreement for sale of shares
- SMSF trust deed and rules
- Binding death benefit nomination
- Unit trust
- Discretionary trust deed
- Hybrid trust
- Joint venture agreement
- Partnership agreement
- Put and Call option
- Charitable trust
Guides in this publication
MATTER PLAN
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“ Commentaries ”
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“ In the legal profession the term ‘costs’ refers to the fees and other expenses a practitioner charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily ... ”
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“ Real Estate Institute of Queensland Australian Bureau of Statistics ”
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“ Papers and Articles – Conveyancing and Property ”
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“ The owner of real estate may give possession of that real estate to another person, such that the other person has the right to use and enjoy the real estate to the exclusion of the entire world, including the owner. Such a right is recognised as a proprietary right and thus protected by the law. ... ”
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“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”
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“ VOI ”
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“ Generally Disclosure statements and draft leases are requirements of the Retail Shop Leases Act 1994 and do not apply to other leases. Nor do they apply to a retail shop lease for a periodic tenancy or tenancy at will. ”
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“ As equity has shown itself prepared to enforce an agreement to lease, it is often said that an agreement to lease is as enforceable as a lease. This concept has been merged with modern legal concepts to establish the principle that, where it would be unconscionable for either party to resile from ... ”
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“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages: Foong & Leong v Great Union P/L [2001] VCAT 1540. ”
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“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But a lease also relates to real estate, and property law has traditionally affected more than just the parties to the contract. Rights arising from property law may therefore result in the lease affecting more ... ”
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“ Sublease It is the intention of the parties that the lessee will return to ownership of the leasehold at some time prior to expiration of the lease. It is not intended that the lessee’s obligations will be diminished, merely temporarily assumed by the sublessee, so the lessee remains primarily ... ”
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“ Whilst there was some doubt about this and some lessors would require the guarantor to specifically confirm the extension of the guarantee that is no longer necessary as it has been held that the guarantee is enforceable by the freehold purchaser. See Lang v Asemo P/L [1989] VicRp 67 and Gumland ... ”
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“ Disclosure provisions apply to assignment. See s 22B and s 22C Retail Shop Leases Act 1994. An assignor of a retail shop lease must give the prospective assignee a disclosure statement seven days before the earlier of the following (the prescribed disclosure date): ”
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“ Surrender by agreement The parties may agree, or be deemed to have agreed, to terminate the lease by the lessee surrendering, and the lessor accepting. ”
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“ Unless the proposed lessee ensures that the mortgagee of the freehold consents to the lease, the lessee will be liable to lose possession of the premises if the lessor defaults under the mortgage and the mortgagee wants to take possession. The prior-in-time interest of the mortgagee will defeat the ... ”
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“ Generally It is normal for the lessor to arrange for preparation of the lease. As a result, it is normal for the lease to provide that the lessee will be responsible to pay the lessor’s legal cost. However these provisions are negotiable in all circumstances and in fact prohibited by statute in ... ”
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“ Leases for terms including option periods that in total exceed three years should be registered to protect the interest of the lessee. The registered copy of the lease is in effect the title of the lessee to its estate and interest in the land. These leases must be in registrable form and, ... ”
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“ Generally Written leases are traditionally prepared in duplicate so that both lessor and lessee will have a ‘copy’ for their records. The lease is the basis of the lessee’s right to possess the property and as such it is the lessee’s title. The lessor is entitled to retain the certificate of title ... ”
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“ The owner of real estate may give possession of that real estate to another person, such that the other person has the right to use and enjoy the real estate to the exclusion of the entire world, including the owner. Such a right is recognised as a proprietary right and thus protected by the law. ... ”
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“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”
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“ VOI ”
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“ Generally Disclosure statements and draft leases are requirements of the Retail Shop Leases Act 1994 and do not apply to other leases. Nor do they apply to a retail shop lease for a periodic tenancy or tenancy at will. ”
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“ As equity has shown itself prepared to enforce an agreement to lease, it is often said that an agreement to lease is as enforceable as a lease. This concept has been merged with modern legal concepts to establish the principle that, where it would be unconscionable for either party to resile from ... ”
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“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages: Foong & Leong v Great Union P/L [2001] VCAT 1540. ”
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“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But a lease also relates to real estate, and property law has traditionally affected more than just the parties to the contract. Rights arising from property law may therefore result in the lease affecting more ... ”
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“ Sublease It is the intention of the parties that the lessee will return to ownership of the leasehold at some time prior to expiration of the lease. It is not intended that the lessee’s obligations will be diminished, merely temporarily assumed by the sublessee, so the lessee remains primarily ... ”
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“ Whilst there was some doubt about this and some lessors would require the guarantor to specifically confirm the extension of the guarantee that is no longer necessary as it has been held that the guarantee is enforceable by the freehold purchaser. See Lang v Asemo P/L [1989] VicRp 67 and Gumland ... ”
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“ Disclosure provisions apply to assignment. See s 22B and s 22C Retail Shop Leases Act 1994. An assignor of a retail shop lease must give the prospective assignee a disclosure statement seven days before the earlier of the following (the prescribed disclosure date): ”
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“ Surrender by agreement The parties may agree, or be deemed to have agreed, to terminate the lease by the lessee surrendering, and the lessor accepting. ”
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“ Generally It is normal for the lessor to arrange for preparation of the lease. As a result, it is normal for the lease to provide that the lessee will be responsible to pay the lessor’s legal cost. However these provisions are negotiable in all circumstances and in fact prohibited by statute in ... ”
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“ Leases for terms including option periods that in total exceed three years should be registered to protect the interest of the lessee. The registered copy of the lease is in effect the title of the lessee to its estate and interest in the land. These leases must be in registrable form and, ... ”
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“ Generally Written leases are traditionally prepared in duplicate so that both lessor and lessee will have a ‘copy’ for their records. The lease is the basis of the lessee’s right to possess the property and as such it is the lessee’s title. The lessor is entitled to retain the certificate of title ... ”
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