07 May

4144 Views

All

When does size matter? – 15% smaller balcony not enough for river-front apartment sale termination

In April, the Supreme Court* ruled on another contract termination argument about apartment balconies and whether they measured up to contract terms.

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14 May

3765 Views

All

De facto option in retail leases

In a radical alteration to the rights and obligations of parties to leases, the Retail Shop Leases Act ("RSLA") requires landlords to give to tenants

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01 September

7167 Views

All

Development Approval required for a lease? When?

The Integrated Planning Act 1997 ("IPA") mandates council approval in respect of some leases as if the lease were a subdivision of a lot.

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26 February

5719 Views

All

Update – Rent reviews for retail shop leases

When the Retail Shop Leases Act ("RSLA") was amended in 2006, combination and capped rent review provisions that were in common use but of qu

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08 April

4218 Views

All

Disclosure statement errors in retail leases – what are the consequences?

Section 22 of the Retail Shop Leases Act 1994 (RSLA) requires a draft lease and disclosure statement to be given to the prospective tenant "a

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14 March

5155 Views

All

Market reviews at option – when should rent be determined?

At lease review time, what should come first - the review of market rent or the exercise of the option? Tenants would obviously prefer to know the

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03 October

3140 Views

All

How good is your lease? – delinquent tenants

Tenant-in-default procedures for rental recovery and re-entry into possession are subject to specific statutory requirements. But forward-thinking com

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25 November

3998 Views

All

How good is your lease? ‘Ratchet’ rent review provisos valid – for now

A recent Court of Appeal decision* has clarified the validity of retail rent review provisos that allow for CPI or market review increases but specify

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10 December

4065 Views

All

How good is your lease? – Court says change in occupier is not always a change in possession

As a recent Supreme Court decision* illustrates, a change in the identity of the occupier of commercial premises does not necessarily constitute an un

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20 February

5722 Views

All

How good is your lease? – Court rules change in tenant’s operations not a change of use – landlord’s Notice to Remedy dismissed

Every lease has a "permitted use" clause which specifies the nature of the operations that a tenant is entitled to conduct on the premises. Typically,

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03 March

2933 Views

All

Land Tax & Valuations: reprieve for investors & landlords

The Queensland Premier today announced some relief to investors and commercial landlords from the worst aspects of changes to the basis upon which val

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06 September

4318 Views

All

Rural land and water licences

In the past water licences were “attached” to land and accordingly were transferred automatically on sale. The Department of Natural Resources and

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14 November

8552 Views

All

Asbestos in commercial buildings – contract implications?

The Workplace Health and Safety (WH&S) Regulation 1997 is often overlooked when contracts for commercial properties are prepared. If a commercial

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21 April

6967 Views

All

Informal contracts to buy land – are they binding?

This issue was clarified recently by the Supreme Court of Queensland*. M sent an offer on letterhead dated 8 April 2008 to Acme Real Estate offering t

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18 July

8388 Views

All

Agents preparing contracts – new laws from toda

The provisions of the Legal Profession Act 2007 that restrict what agents may do in relation to preparation of real estate contracts have been relaxed

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06 July

2960 Views

All

Agent acknowledgements – are you obliged to sign?

In a recent development, some solicitors are requesting agents to sign an acknowledgement to confirm that PAMDA requirements have been observed in rel

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22 December

4165 Views

All

Obtaining consent for fax and email communications

A facsimile transmission or e-mail is an "Electronic Communication" as defined in the Electronic Transactions (Queensland) Act 2001 ("ETA").

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07 October

5615 Views

All

Sales to non-citizens – What approvals are needed?

The purchase of Australian residential real estate by foreign persons is governed by the Foreign Acquisitions and Takeovers Act 1975. The For

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14 May

3609 Views

All

Seller liable for agent mis-statements in termination of off-the-plan contract

In September 2003 two Chinese buyers signed an off-the-plan contract for an apartment in an inner-city development. When the plan was finally register

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23 March

6759 Views

All

When is GST payable on forfeited deposits?

The High Court of Australia recently ruled* that GST applies to forfeited deposits if:-

• The vendor is registered for GST (or required to

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