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A tenant may wish to assign their lease in certain circumstances, for example if they sell their business, or if the premises’ is no longer suitable.

Assessing the validity of PPSR registrations is an emerging issue in the insolvency space. Usually, the question to be determined concerns the financing statement information relating to a grantor – the one providing the security to another.

In this article, we explore some key decisions and points made by Australian Courts regarding statutory demand (SD) – an imperative mechanism for creditors against corporate debtors.

There are a few avenues to terminate a commercial lease early, most of which will depend on the terms of your lease agreement.

Make good clauses dictate how the tenant should vacate the property once the lease comes to an end, imposing a legal obligation to restore the premises to its original condition before the commencement of the lease.

The first step to securing a non-retail commercial lease is often execution of a ‘Heads of Agreement’. This is a document signed by both tenant and landlord in anticipation of executing a formal lease, used during the negotiation stage of leasing wherein both parties recognised the key terms of the lease (such as the lease term, financial provisions and details of the premises).

The classification of a lease is an important exercise for both landlord and tenant alike. If the lease is classified as ‘retail’, a tenant is afforded more protection under the Retail Leases Act 2003, which are normally unavailable to commercial lease tenants.

If you decide to purchase a flat, apartment or unit, you most likely will become a member of an ‘owners corporation’. This is because these properties generally share access to common property or utilities/services.

Most deposits paid towards the purchase of a property, are usually held by a legal practitioner (or conveyancer), or real estate agent, in trust as a stakeholder. Often the vendor requires access to the deposit before settlement to, for example, put a deposit on another property.

With Married at First Sight back and in full swing, we find lots of people questioning whether the couples are really married.

You have decided to purchase a property with a spouse, partner, friend, or sibling, or all four of them, what next? One key step is to agree on the ownership arrangement on the title for the property.

I am a first home buyer in Victoria, am I eligible to receive any grants, and concessions or exemptions to the stamp duty payable on the purchase? I need all the help I can get.

The scope of preliminary discovery was contemplated in the recent Supreme Court decision Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors [2023] VSC 348 (29 June 2023), wherein Wadren Pty Ltd and QIC Werribee Pty Ltd (Plaintiffs) made an application pursuant to rr 32.03 and 32.05 of the Supreme Court (General Civil Procedure) Rule 2015 (Vic) (Rules) against Probuild Constructions (Aust) Pty Ltd (Probuild) and AIG Australia Limited (AIG).

We are thrilled to kick off the week with some fantastic news! It is with great pleasure that we officially announce Bao Ngo’s appointment as the Head of our Asia Team! While many of you may have anticipated this exciting development, we couldn’t be more delighted to make it official!

We all like watching a live auction (particularly on The Block), but whilst it might appear quite glamours, there are certain things you should be mindful of when purchasing a residential property at auction in Victoria.

An off-the-plan purchase may have its benefits, but equally, there are inherent risks.

On 13 December 2023, the Supreme Court of Victoria handed down a decision concerning a creditors statutory demands in respect to unpaid present entitlements under trust.

There have been significant changes to the Fair Work Act 2009 (Cth) (FWA) as part of the new ‘Closing Loopholes’ legislation. These changes will come into effect at various times until 2025 and it is important for employers to keep on top of the changes to avoid being caught out.

Whenever two or more people agree to combine resources in order to purchase a property together, if the Family Law Act (1975) does not apply, a co-owners’ agreement setting out the expectations, rights and obligations of the parties is an almost indispensable first step.

We know that navigating separation, divorce and property settlements can be complex and confusing, so we’ve put together a quick FAQ on some of the basics for you!