In this edition of ‘It depends’, senior associate Chantal Kirkwood talks about the importance of timing for landlords in giving a lessor disclosure statement to a retail tenant. ...
In this edition of ‘It depends’, senior associate Chantal Kirkwood talks about the importance of timing for landlords in giving a lessor disclosure statement to a retail tenant.
The firm has promoted Chantal Kirkwood, David Lowes and Keeghan Silcock to senior associate. Angela Sheehy has also been promoted to associate.
In the recent case of DA Staal Property Pty Ltd v Commonwealth of Australia [2021] QSC 216, the Supreme Court held that the market rent determination by a valuer was invalid as it was inconsistent with the process prescribed by the lease.
Cooper Grace Ward’s Property team provides a brief snapshot of the extended COVID-19 Leasing Regulation, now expiring on 31 December 2020.
The Court has considered whether a commercial tenant abandoned a lease by ceasing to trade due to COVID-19 and relocating its stock to a warehouse. It was decided the tenant had not abandoned the lease and it was ordered that the tenant was entitled to relief against the landlord’s termination
Discretionary trusts that own ‘residential land’ in New South Wales or hold an ownership interest in a company or unit trust that owns residential land in New South Wales must amend their trust deeds to exclude foreign persons as beneficiaries, otherwise foreign land tax and duty surcharges may apply.
Cooper Grace Ward’s property team has been announced as a finalist in the 2020 Australian Law Awards in the category of Property Team of the Year.
Although there may be an anomaly concerning the signing of the guarantee, the alleged guarantor may still be liable. The outcome will depend on the circumstances.
On 28 May 2020, the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) (the Queensland Code) was passed. It gives legal effect to the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (the National Code) in Queensland.
In the recent case of Latimore Pty Ltd v Lloyd [2020] QSC 136, the Queensland Supreme Court ruled that the buyers’ termination of a residential contract was premature after the seller allegedly failed to comply with an essential term.
The ATO has finally published guidance on what relief a related party lender can provide an SMSF in relation to the repayment of related party loans.
Following last week’s article on compliance hurdles faced by SMSFs if they want to provide rent relief to tenants, the ATO has announced guidance for SMSF landlords.