VIC Leases, Companies and Employment Law
This bundle includes guides from the following three publications.
Recent updates can be viewed at Obiter - News & Updates, via the link above.
VIC 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
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
Employment Law
This comprehensive and easy to follow guide provides a full overview of employment law, allowing you to confidently advise your clients on the operation of the system and their options.
All commonly required contracts, precedents and documentation are included.
The commentary includes:
- The differences between employees and contractors
- Performance Management and termination
- Redundancy
- Restraints of trade
Precedents include:
- Various employment agreements including individual, executive and casual
- Various non-employment agreements including contractor agreements and service agreements
- Various disciplinary related precedents including letter of warning to employee and letter of suspension
- Various unfair dismissal precedents – acting for employer and employee
- Deed of settlement – Redundancy
Guides in this publication
MATTER PLAN
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“ Commentaries ”
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“ Guidelines to the Retail Leases Act 2003 – What are "retail premises"? Victorian Small Business Commission ”
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“ 1001 Conveyancing Answers (VIC) Papers, articles and case law ”
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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 all of the 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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“ Retail leases Consumer protection requires information. A consumer is more likely to make a good decision if the consumer has access to all relevant information. ”
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“ By Lawyers have produced a document that combines the Retail Lease with the Disclosure Statement. This document is intended for use in relation to retails premises that are not located in a retail shopping centre and is ideal for use for a ‘small’ landlord. ”
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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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“ By Lawyers have produced a document that combines the Retail Lease with the Disclosure Statement. This document is intended for use in relation to retails premises that are not located in a retail shopping centre and is ideal for use for a ‘small’ landlord. ”
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“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages. ”
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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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“ The Act provides that an assignment is a continuation of the old lease. A lease that commenced prior to 1 May 2003 will come under the Retail Leases Act 2003 if renewed after 1 May 2003, but not if merely assigned after that date. s 8 Retail Leases ActSaratoga Australia P/L v Vision Australia Ltd ... ”
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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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“ Disputes Disputes commonly arise in shopping centres in relation to relocation, exclusivity, fit out requirements, turnover rental, promotion funds and signage. ”
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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 a term exceeding three years may be registered pursuant to s 66 Transfer of Land Act 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. However the interest of a tenant in possession is also ... ”
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“ 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 to the ... ”
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“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”
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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 all of the 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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“ Retail leases Consumer protection requires information. A consumer is more likely to make a good decision if the consumer has access to all relevant information. ”
-
“ By Lawyers have produced a document that combines the Retail Lease with the Disclosure Statement. This document is intended for use in relation to retails premises that are not located in a retail shopping centre and is ideal for use for a ‘small’ landlord. ”
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-
-
-
-
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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 ... ”
-
-
-
-
-
“ By Lawyers have produced a document that combines the Retail Lease with the Disclosure Statement. This document is intended for use in relation to retails premises that are not located in a retail shopping centre and is ideal for use for a ‘small’ landlord. ”
-
“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages. ”
-
-
-
-
-
-
-
-
-
-
“ 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 ... ”
-
-
“ The Act provides that an assignment is a continuation of the old lease. A lease that commenced prior to 1 May 2003 will come under the Retail Leases Act 2003 if renewed after 1 May 2003, but not if merely assigned after that date. s 8 Retail Leases ActSaratoga Australia P/L v Vision Australia Ltd ... ”
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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. ”
-
-
-
-
-
“ Disputes Disputes commonly arise in shopping centres in relation to relocation, exclusivity, fit out requirements, turnover rental, promotion funds and signage. ”
-
-
-
“ 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 ... ”
-
“ Leases for a term exceeding three years may be registered pursuant to s 66 Transfer of Land Act 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. However the interest of a tenant in possession is also ... ”
-
“ 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 to the ... ”
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-
-
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“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”
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