Landlords may now charge land tax to the tenant
The Full Court of the Supreme Court has determined when a landlord of a retail shop lease can seek payment of land tax as an outgoing from a tenant. When…
Property Law
5 Interesting Things about Leasing
A franchise agreement can be caught by the Retail & Commercial Leases Act (“Act”) In order for an Agreement to be a “retail shop lease” it must: 1.1 Be “for…
In Your Lease – Don’ts
‘In Your Lease’ is an ongoing series where our resident lease experts offer their thoughts on common issues that arise when negotiating a lease or an extension to lease. This…
Lease or Agreement to Lease?
Though they may appear to be the same thing at first glance, a lease and an agreement to lease are two separate documents with differing objectives; it is therefore important…
What is a VOI and why does my lawyer/conveyancer need to do this?
VOI stands for Verification of Identity and it is an important part of real estate transactions. At some stage, you will likely require a professional to act on your behalf…
Whose interest gets priority when money is owed?
If you are owed money, as a creditor, you are able to put a charge over the debtor’s property. This charge helps to secure the loan. A caveat may also…
Retail & Commercial Leases Act – Case Study
Implications of Pastina Pty Ltd v Hosanna Excelsis One Universal Church Inc A recent Supreme Court judgment involving Hosanna Excelsis One Universal Church Inc’s head office in Adelaide and…
New Commercial Leasing Code – Covid-19
COVID-19 // APRIL 2020 // COMMERCIAL LEASING PRINCIPLES On 3 April 2020, the National Cabinet agreed to a set of principles (Code) for application to commercial tenancies (including retail, office…
COVID19 Commercial Leasing Code – Pitfalls for Landlords
For our valued landlords, agents, colleagues and friends, The Code agreed to this month by the National cabinet can be summarised as requiring landlords and tenants to take a balanced…
South Australian Planning Code Reform
The South Australian government has just introduced its final stages of reform to the South Australian Planning Code (‘the code’) under the Planning, Development and Infrastructure Act 2016 (SA) on…