SPL Case Studies

Property

Christmas 2020 – insolvencies loom

A perfect storm is brewing this Christmas for distressed companies. The factors at play are: The moratorium on issuing statutory demands ends on 31 December 2020; The NSW commercial tenancy COVID relief measures expire on 31 December 2020; The limited ‘safe harbour’ on directors insolvent trading ends on 31 December 2020; Banks are now renegotiating

Agent Commission Claims

We have acted for vendors in a number of Court disputes concerning whether a NSW real estate agent is entitled to commission following a sale. Problems commonly arise where an original agency agreement expires, or is terminated and another agent achieves the sale of property. If the vendor sells to a party that the original

Commercial Tenancies The Retail and Other Commercial Leases (COVID-19) Regulation 2020 has now commenced

On Friday 24 April 2020 the long awaited Retail and Other Commercial Leases (COVID-19) Regulation 2020 was published on the NSW Legislation website and commenced on that day. The Regulation gives effect to the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 which was adopted by the National Cabinet on 7

Commercial Tenancies – COVID-19 Tenants: Prepare To Negotiate

On 7 April the Federal Cabinet has announced a mandatory Code of Conduct (the Code) for commercial tenancies to be implemented via legislation or regulation. We are waiting for the detail, but there are things tenants can be doing right now to prepare. To obtain rent relief under the Code for rent write-offs and/or rent

Commercial Tenancies – COVID-19 – Prepare for your lease negotiations

After the National Cabinet on Tuesday 7 April 2020 agreed that States and Territories would implement a mandatory Code of Conduct (the Code), what should you as a landlord or tenant do now? Landlords and tenants should look to the principles of the Code to negotiate amendments in good faith to existing lease arrangements to

National Cabinet Mandatory Code Of Conduct – SME Commercial Leasing Principles During COVID-19

PURPOSE The purpose of this Code of Conduct (“the Code”) is to impose a set of good faith leasing principles for application to commercial tenancies (including retail, office and industrial) between owners/operators/other landlords and tenants, where the tenant is an eligible business for the purpose of the Commonwealth Government’s JobKeeper programme. These principles will apply

Commercial Tenancies – COVID-19 National Cabinet Mandatory Code Of Conduct

On Tuesday 7 April 2020 the National Cabinet agreed that states and territories would implement a mandatory Code of Conduct (the Code) via legislation or regulation as appropriate, to implement the principles agreed on Friday 3 April 2020. The purpose of the Code is to impose a set of good faith leasing principles to apply

Commercial Leases – Rent and Eviction Moratorium

On 29 March 2020 National Cabinet agreed to a moratorium on evictions over the next six months for commercial and residential tenancies in financial distress who are unable to meet their commitments due to the impact of coronavirus. Commercial tenants, landlords and financial institutions are encouraged to sit down together to find a way through

What’s going on with the Aboriginal Flag?

There has been a major blow-up over claims by a private company WAM Clothing that it controls the rights to reproduce the Aboriginal flag on clothing. Cease and desist letters have been sent to AFL, NRL and a number of indigenous not for profit companies who have used the flag regularly for years

Electronic Conveyancing – The Property World is Morphing

Like most other professions and industries throughout Australia and the world, digital transformation is the norm. Property transactions in Australia are not exempt and are converting (at an accelerating rate) to electronic conveyancing. What is Electronic Conveyancing? Electronic conveyancing is where the sale of property, including exchange and settlement, is completed on an electronic

Co-ownership Agreements Tinder for Property – It’s a Match!

Owning your own home in Australia has long been the Great Australian Dream, however it is becoming a distant dream for many Australians. With wage growth close to the inflation rate, and the price of properties booming over recent years, many people can no longer afford to buy property on their own. Start-up “Kohab” launched

Strata Building Bonds and Inspection Scheme: Will it work, the Experts are Skeptical!

The Strata Building Bond and Inspections Scheme (Scheme) commenced on 1 January 2018 and applies where a developer and builder enter into a contract from 1 January 2018. The stated purpose of the Scheme is to provide a mechanism to resolve building issues quickly and cost effectively and to increase consumer protection for owners in

Adjudicators’ Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW): High Court Decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

The High Court has recently held that an adjudicator’s determination pursuant to payment claims and schedules served in accordance with the Building and Construction Industry Security of Payments Act 1999 (NSW) (Act) may not be appealed on an error of law that is not related to a jurisdictional error. The effect of this decision is

Appealing to the Land & Environment Court

By the time someone reaches the point where they want to appeal to the Land & Environment Court (“L&E Court”), they have usually reached an impasse in the progress of their development application (“DA”). The setback could be: a refusal; an unviable development consent, possibly because of adverse conditions; or, continued requests for more detailed

Council hasn’t approved my DA

What next?… For seasoned developers wondering what do if, or when, an impasse is reached with the local council in the assessment of their development application (“DA”), this is unlikely to be a new experience or question. They are usually well aware of their options. Often, due to time constraints, some developers take the view

Unregistered Second Mortgages in NSW – To be avoided?

Non-bank lenders sometimes secure their loans via an unregistered second mortgage over real property, supported by caveat. In the event of a default, these mortgages are more difficult to enforce via a court action, as compared to a registered mortgage. Our view is that an unregistered mortgage should rarely be accepted by a lender as

Update on Retail Leasing – Maged Jebeile Seminar Presentation

One of our directors and Accredited Property Law Specialist, Maged Jebeile was invited to speak at a Property Law Conference hosted by the Law Society of NSW on 11 March 2016. Maged, along with other recognised property law speakers covered various topics regarding commercial property leases. Maged’s presentation addressed some upcoming reforms affecting retail leasing

Copyright 2023 Surry Partners - Site by Intervision