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Property Business Estates
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Market rent reviews and other critical dates in your lease
Warren Wackerling and Jodie Burnett – 29 June 2016
It’s important any party leasing commercial property to know the contents of their lease to ensure timeframes are not missed, in particular market rent reviews. A dispute can arise between landlord and tenant concerning market rent review if deadlines are missed, more often than not to the tenant’s detriment
Online negotiations: emails and contracts
Warren Wackerling and Luke Bull – 23 September 2015
Is ‘online’ the new ‘black’… we shop, watch movies and even do business transactions. It’s no surprise, a large number of commercial negotiations are also performed online. Emails can result in essential terms, dates and prices being negotiated in cyberspace. The Queensland Supreme Court has recognised how business transactions are evolving in a modern world ...…. READ MORE
Market rent review gone bad?
Warren Wackerling and Jodie Burnett – 25 August 2015
Market rent reviews can be a nightmare, but even moreso can be missing a critical date for a response and losing an opportunity to challenge a landlord’s proposed market review. You fail to plan, you plan to fail ...…. READ MORE
‘Sign’ your life away, correctly!
Warren Wackerling and Jodie Burnett – 21 July 2015
The Supreme Court recently highlighted the importance of correctly preparing and signing a Will, or any amendment to a Will (codicil). The Court had to consider whether a Will made in 2012 was revoked, or alternatively altered, by a handwritten document created in 2013 ...…. READ MORE
Be careful what you wish for
Warren Wackerling and Luke Bull – 29 May 2015
A will is a vehicle that enables your wishes to be carried out when you are gone. It may come as a surprise, that what you wish is not always necessarily what transpires. A recent decision in the Supreme Court of Queensland illustrates what can go wrong ...…. READ MORE
Review your estate planning regularly
Warren Wackerling and Luke Bull – 3 March 2015
We’ve written previously on the importance of keeping your executors informed about the location of your will (‘Where’s your Will?’). It’s just as important to also review your will and estate planning every 2 to 3 years which can avoid unnecessary court proceedings ...…. READ MORE
Renewing a lease – another option, another missed opportunity
Warren Wackerling and Luke Bull – 6 February 2015
A lease often includes an ‘option’ to renew the term. Such ‘options’ can be confusing for both tenants and landlords. In December, an interim application before Queensland’s Civil and Administrative Tribunal (‘QCAT’) reinforced this point ...…. READ MORE
Update on review of Retail Shop Leases Act 1994
Warren Wackerling – 6 February 2015
In late 2014, a statutory report (download here) was prepared with the introduction into Parliament of the Retail Shop Leases Amendment Bill 2014. The Bill was referred to the Legal Affairs and Community Safety Committee for consideration and report back to Parliament by 2 February. The Committee reports that the Bill automactically lapsed on dissolution of Parliament on 6 January 2015 (see here) so it will be a waiting game now as to what will be the future of the Retail Shop Leases Act 1994.
Where there’s a home-made will, there’s no clear way!
Warren Wackerling – 20 January 2015
In 2012, an elderly man died leaving his second wife surive him and each of them respectively had children from previous relationships. It’s not an uncommon scenario, commonly referred to as a ‘blended family’. Estate planning for a blended family can add new dimensions of who gets what
Renewing your lease - option? What option?
Warren Wackerling – 25 November 2014
Exercising an option to renew a lease can seem simple. Timing is essential but even moreso, how communication transpires between landlord and tenant. Pleasantries and formalities are important, but so too is the timing.
Why not have a will?
Warren Wackerling and Luke Bull – 9 October 2014
Superannuation benefits are often overlooked when one is considering their estate planning. Sometimes, superannuation can be the biggest ‘asset’ of a deceased’s estate and shouldn’t be overlooked. A recent decision of the Supreme Court of Queensland highlights the importance of proper estate planning and hits home why everyone, no matter how simple or complex your asset holdings, should have a will.
A super problem in estate planning
Warren Wackerling and Luke Bull – 8 March 2014
A WA Supreme Court decision is a warning to regularly consider your superannuation fund in your estate planning. It highlights how special attention must be taken if you transfer or accumulate assets into a self- managed superannuation fund (SMSF). The consequences to this family were costly and disappointing for the deceased mother’s children.
What is ‘time of the essence’ on settlement day?
Warren Wackerling and Luke Bull – 15 January 2014
The steps taken on settlement date to ‘finish’ a purchase transaction are critical and can prove disastrous if care is not exercised, particularly on an agreed time
Gold Coast sale disclosure
Warren Wackerling – 19 July 2013
If you’re selling property in the Gold Coat City Council area, beware of special requirements imposed by Council’s new Local Law No. 17 (Maintenance of Works in Waterways Areas) 2013
Where’s your will?
Warren Wackerling – 14 June 2013
Too often I hear people say they have made a will, but they don’t know where the original is held. In Australia, there is no central registry for keeping wills. Some online commercial facilities charge a fee for keeping details of a person’s will, which can be searched for a fee.
The best practice is simple - tell your executors you’ve made a will and appointed them as the executor. You don’t have to give them a copy of the document, but it is important they know where the original is kept.
Retail shop leases legislation review consultation closes 3 July 2013
29 May 2013
The Queensland Government is reviewing the Retail Shop Leases Act 1994 (the Act). The review examines whether the provisions of the Act are appropriate for the Queensland retail leasing environment.
The Government’s ‘Options Paper’ sets out options for legislative amendment and issues raised by stakeholders in the course of the review consultation to date. The Options Paper provides an opportunity for tenant, landlord, professional and industry stakeholders to consider and respond to the submissions made by other interested stakeholders.
Submissions close 3 July 2013 and may be submitted by email or post
CTS lot entitlement legislation amended again
26 March 2013
On 19 March 2013 the Queensland Parliament passed amendments to the lot entitlement provisions of the Body Corporate and Community Management Act 1997 (the BCCM Act)
Discussion paper on management rights
21 February 2012
The Body Corporate and Community Management Act 1997 is now 15 years old. The concept of management rights are not foreign by any means to owners and developers. The practices and what might be considered mispractices is being reviewed by the State Government
Who’s liable for body corporate bulk supplied electricity to your rental unit?
16 February 2012
While it’s never easy recovering money, what happens when the tenant in your unit fails to pay electricity supplied to it by the body corporate under a bulk supply arrangement
Renew the lease term, but don’t renew the incentive!
Warren Wackerling – 9 February 2012
Can lease incentives be beneficial for both landlord and tenant? Of course, however did one party intend for the incentive to be repeated upon renewal of the lease…. READ MORE
Will kits – risk it if you make it
Warren Wackerling - 22 October 2011
This month the Supreme Court had to interpret a clause in a will which was self-made. The particular clause was poorly drafted. The will maker died owning seven properties and money in the bank…. READ MORE