End of year leasing health check for franchise tenancies
- 12 Dec 2018
It's that time of year again, where many of us start to wind down (or in some cases, wind up prior to the Christmas deadlines) and start thinking about whether our house is in order. As such, Coleman Greig would like to remind you of some of the common pitfalls that we often see in our leasing practice, particularly within the world of franchising.
Electronic Conveyancing in NSW – what’s the latest?
- 9 Nov 2018
Despite some initial resistance and teething problems, most practitioners in the wider community have been part of a general push towards e-conveyancing, as the 'word on the street' is that all transactions will be required to take place on the e-platform by 1 July 2019.
How is the Financial Services Royal Commission set to effect the Australian property market?
- 18 Oct 2018
Although the wheels are still in motion and we are yet to see the final product, the Financial Services Royal Commission is already forcing changes within the banking industry which are likely to significantly slow lending, and which have already caused a drop in the value of Australian property.
New GST Withholding Regime on supplies of Residential and Potential Residential Land
- 16 Jul 2018
From 1 July 2018, purchasers of new residential premises or potential new residential land must pay the GST component of the purchase price directly to the ATO either on, or before settlement.
Changes to the Australian Accounting Standard Affecting Franchisees & Franchisors: Bringing Leases Onto Your Balance Sheet
- 28 Jun 2018
As of 1 January 2019, the Australian Accounting Standards Board (AASB) will introduce a new leasing standard requiring Australian businesses to bring operating leases onto their balance sheets.
The Rise of Childcare Centres and Associated Investment Opportunities
- 7 Jun 2018
An ongoing need for childcare centres has led to a significant boom within the industry, and has seen savvy investors buying up childcare facilities and seeing notable financial returns.
Online shopping wreaking havoc on brick & mortar retailers – Can you seek relief?
- 28 Mar 2018
As people continue to move towards online shopping for a variety of goods and services including (but far from limited to) clothing, footwear, accessories, jewellery and toys – traditional shopping centres have been forced to re-vamp their footprint in the creation of a broader food and leisure experience.
Calculating and comparing Retirement Village contracts made easier!
- 22 Feb 2018
As an increasing number of Australians move into retirement villages, or 'Over 55 Lifestyle Estates', it is important to take a close look into issues that can arise during the research phase, as well as the complexities involved in this type of move. This process has now been made a lot easier with NSW Fair Trading's introduction of an online calculator set to assist older Australians in deciding which retirement village home is right for you.
It’s Spring – Time to give your leasing documentation a review!
- 17 Oct 2017
As your lawyer, I suggest that you should see this Spring season as an opportunity to review your legal documentation, if you haven’t done so already - before you get busy in the lead up to Christmas.
Key Changes to the Retail Leases Act – 1 July 2017
- 8 Aug 2017
On 1 July 2017, several key changes were made to the Retail Leases Act in New South Wales that effect both landlords and tenants around the state. These changes have been in draft form for a substantial amount of time, and so it was no surprise when the legislation came into effect.
Plain English Guide to Strata Schemes
- 19 Jul 2017
Anyone involved in property ownership, whether of a place they live in, of a commercial property, or as an investor, should be aware of the ins and outs of strata schemes. The following information provides an overview of what you need to know.
They want to renovate or demolish the premise that I’m leasing?!
- 10 Jul 2017
A guide for franchisees to navigate you through a relocation or demolition clauses in a retail lease.
Coleman Greig joins international network of law firms
- 8 May 2017
Coleman Greig is excited to announce that we have become the only Australian law firm to become a member of First Law International (FLI), a global network of over 75 independent full-service, high quality law firms.
The lowdown on options in leasing
- 11 Apr 2017
As part of the process of leasing a premises for your business, you may have heard about options in leasing but do you actually know what they are and how they can impact a lease?
Hot off the press - Retail Leases Amendment (Review) Act 2017. How will it impact franchising?
- 5 Apr 2017
Franchising and leasing are intertwined. Amendments to the Retail Leases will have significant implications for both franchisors and franchisees.
The Courts shaping Security of Payments
- 16 Mar 2017
Is a reference date a precondition to the making of a valid payment claim? The recent High Court decisions for Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd  HCA 52 sheds some light.
Franchisors need to think through redecoration and fit-out obligations
- 21 Feb 2017
Can a franchisor compel franchisees to pay for costly store fit outs and renovations of stores?
Legislative Report defends Airbnb!
- 1 Feb 2017
Chances are, if you haven’t heard of Airbnb by now, you’re well overdue for a holiday. The short-term rental accommodation platform sounds straightforward but it’s not as complication free as it appears, largely because no-one is quite sure where Airbnb sits at the moment in regards to property legislation.
NSW Strata Reforms – Introduction of the new Building Defect Bond Scheme
- 12 Dec 2016
Developers and builders of residential and mixed use high rise strata buildings are being urged to familiarise themselves with the introduction of the Building Defect Bond Scheme which will commence on 1 July, 2017.
Tick tock, tick tock: Extension of Time claims fall foul to strict time bars!
- 12 Dec 2016
The decision in CMA Assets Pty Ltd v John Holland Pty Ltd [No 6]  WASC 217, has reinforced the position that contractors MUST comply with the terms of a contract – for example, time and notice provisions - otherwise they risk losing fundamental rights and claims available in the contract such as Extension of Time claims (EOT).
What’s in a term? Points to consider when negotiating your lease
- 12 Dec 2016
An important concept to consider when negotiating a lease is the length of your term as ramifications can arise in regards to the term of lease - including how the term can affect the value of your business, particularly when goodwill is driven by location.
A revamp for the Retail Leases Act?
- 17 Nov 2016
The Retail Leases Amendment (Review) Bill 2016, has been recently introduced into the Legislative Assembly by The Hon John Barilaro, NSW Deputy Premier and Minister for Small Business.
‘I’ve changed my mind’ – A checklist for leaving your retirement village
- 31 Oct 2016
Moving can be stressful at the best of times. Our checklist will help you prepare and avoid any unexpected costs when you leave our retirement village.
New conveyancing rules, legislation and procedures
- 5 Sep 2016
Changes to foreign investor surcharges and new rules around Land Tax Certificates
‘Going once! Going twice! Sold!’ New conveyancing rules in force
- 16 Aug 2016
Most of us are fairly familiar with the steps involved in the purchase of residential property but what you may not be across are recent changes in conveyancing. Under the new Conveyancing Rules lawyers and conveyancers are required to verify the identity of their clients, borrowers and anyone who is to be provided with a certificate of title. In addition, it must be confirmed that the person having their identity checked has the authority to deal with the land.
Commercial leases subject to new unfair contract law
- 9 Aug 2016
The business world is abuzz with preparations for the new unfair contract law but have you considered the fact that if your business has commercial leases, they too could be affected?
Let’s incentivise to save face! Landlord incentives for tenants
- 4 Aug 2016
Most of you, as franchisors enter into leases of premises. In an era where landlords want to maintain the appearance of healthy face rents and attract tenants in a struggling retail environment, it is now a given that landlords will offer incentives.
An overview of the Australian Building and Construction Commission
- 23 May 2016
Industrial relations laws in the building and construction industry have become a topic of national debate, with the current Government seeking to reinstate the Australian Building and Construction Commission (ABCC).
Is my Heads of Agreement or letter of offer worth the paper it's written on?
- 23 May 2016
A HOA or letter of offer is usually the first step in a commercial leasing transaction. Once signed and finalised, it's typically the trigger for the landlord to instruct their solicitor to produce lease documentation. What happens though when this documentation is never produced? Are the parties bound to proceed with the Lease?
Tribunal finds owner of land is not a developer and therefore, not liable for building defects
- 23 May 2016
In a recent matter, the partition of land before it was subdivided, and the timing of registering strata lots, resulted in a decision where the owner of the land was not considered to be a developer under the Home Building Act (the Act). As such, the owner bears no liabilities regarding statutory warranties in the Act. So what happened, and what are the lessons to be learnt?
You've bought into a retirement village - do you actually own your home?
- 2 May 2016
You've decided to downsize and take the step of moving into a retirement community. You love the lack of maintenance, social aspect and access to services. However, did you realise that you don't actually own your property?
How easy is it for your landlord to deny your right to exercise an option?
- 27 Apr 2016
Many franchisors and franchisees conduct their businesses through a particular premises. Tenants can be reliant on securing that premises for the day-to-day running of their business so it pays not to give your landlord an excuse to deny your right to renew your lease.
Big changes underway due to loose-fill asbestos insulation!
- 15 Mar 2016
The NSW Government is currently running a Voluntary Purchase and Demolition Program for homes and commercial properties affected by loose-fill asbestos insulation. During the 1960s and 1970s loose-fill asbestos insulation was sold as ceiling insulation. An ACT-based company known as 'Mr Fluffy', installed this insulation in approximately 1000 homes in the ACT and NSW.
Developers take heed - Sunset clauses are no longer an excuse to wiggle out of contracts
- 8 Mar 2016
The addition of section 66ZL of the Conveyancing Act dealing with sunset dates ("New Sunset Clause Law") has attracted a lot of attention, particularly in light of the recent decision of Jobema Developments Pty Limited v Zhu & Ors. A sunset clause within a Contract of Sale specifically addresses the final date ("sunset date") a developer has to complete the project. It protects developers who may experience delays. If the developer fails to complete the project by the Sunset date, each party can rescind the contract.
Strata Scheme developments – A new frontier
- 8 Feb 2016
Last year, NSW Parliament enacted significant changes to the State’s strata laws. Amongst these changes, the NSW Government broke new ground, introducing a whole new part to the Strata Schemes Amendment Act which relates to the renewal of a freehold Strata Scheme.
"Wilful" breaches of lease responsibilities and obligations
- 29 Jan 2016
You should be aware of your contractual obligations under a lease, but you should also know that misinterpretation over these obligations can sour the relationship you have with the other party. Take the recent matter of Allsvelte Pty Ltd v Cassegrain Wines Pty Limited as a case in point.
The hangover from our property boom in Sydney – Impact on commercial and retail leasing
- 30 Nov 2015
In Sydney we are experiencing a once in a generation property boom. We are in a market where developers are clamouring for sites to redevelop. I’m seeing the impact of this on my leasing practice - receiving a number of enquiries from clients who want to know what their rights are when their Landlord wants them to vacate their premises for the purpose of redevelopment.
Joint Sale Agreement becoming more popular in heated Sydney property market
- 29 Oct 2015
In the hot Sydney property market, neighbours are now joining together to offer to sell their properties as a group, with the view of maximising their sale price by becoming part of a larger site offering to submit to developers.
A commercial leasing nightmare: Informal dealings can be binding!
- 21 Sep 2015
You have probably heard some horror stories about people not reading the complete terms of a lease and ending up in a drawn out legal battle which costs more money than it is worth. Commercial leases are no different – you can be locked into a lease without even signing any paperwork. Here’s a case study about Priolo Corporation Pty Ltd (Priolo) who learnt this lesson the hard way.
Maintaining cash flow in the building and construction industry
- 21 Sep 2015
Getting paid, in full and on time, is vital to the survival of any business because money is the life-blood of a business. However, in tough economic times, maintaining cash flow to your business can become more difficult and costly - especially in the building and construction industry. The Building and Construction Industry Security of Payment Act 1999 (Act) was designed to enable suppliers, contractors and subcontractors in the building and construction industry to get paid more quickly and avoid expensive construction disputes.
Making sure your lease is franchise ready in nine easy steps
- 21 Sep 2015
Many of our franchising clients are also tenants of premises. A big driver of the value of the franchise brand and its liability are the terms and conditions of leases of the premises occupied by your franchise businesses. Therefore, a big question you must ask yourself, is to what extent do your leases allow for a smooth transition from franchisor to franchisee, prevent duplication, and manage risk? Here are some easy steps to ensure your lease is more franchise ready.
NSW strata legislation – Where will the proposed changes leave you?
- 7 Sep 2015
Over 90 proposed changes to strata legislation have been announced by the NSW Government this year and if you’re living in strata accommodation you may be wondering if this legislation will apply to you and what changes will be of specific interest to you. Keep reading to (potentially) set your mind at ease, and learn how you’ll be affected.
Owners join forces for real estate windfall - Group sales of houses to developers on the rise
- 24 Aug 2015
The days of a property developer approaching individual owners to purchase their properties is fast becoming a distant memory. Increasingly, owners are joining forces to offer their properties as a package deal. This type of arrangement has become a popular way for owners of individual properties to maximise their sale price by becoming part of a larger site offering, and consequently, typically a more attractive proposition for developers.
The Lowdown on what Tenants need to know when Leasing a Premise
- 27 Jul 2015
Leasing premises is a major investment decision for anyone with a business. It can be complex and fraught with potential problems, not the least of which is the prospect of losing a business should something go wrong! When you consider that one of your most important business assets is your lease, as a tenant it becomes critical that you understand the implications of a lease and your rights and obligations.
Plain English Guide to Commercial, Industrial and Retail Leasing
- 1 Jul 2015
Leasing premises is a major investment decision, whether you are a landlord or tenant. What many people don’t understand, however, is how complex a commercial lease can be and how it can be fraught with potential problems.
Plain English Guide to Protecting Your Interest in a Property
- 1 Jul 2015
When you purchase real estate with a partner or spouse there are two ways in which your ownership of the property may be described: you can hold the property either as joint tenants, or as tenants in common.
Beware! Recent Developments to Security of Payment Act Claims
- 18 Jun 2015
There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd , where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.
Liquor Laws for the Supply or Sale of Alcohol
- 17 Jun 2015
Have you wondered if you need a liquor licence for the supply or sale of alcohol? Read on to find out if your business is aware of its obligations in complying with relevant liquor laws.
You’re the Registered Owner on the Title - It Doesn’t Guarantee it’s Yours
- 17 Jun 2015
A recent High Court decision demonstrates the importance of making sure you have a proper and registered estate or interest in any land under Torrens title in NSW. In the matter of Cassegrain v Gerard Cassegrain & Co Pty Ltd, the High Court explored the extent to which a registered title in land could be set aside when ownership had been achieved though fraud. The real fly in the ointment was that the registered owner hadn’t committed the fraud.
Make Friends Fast in a Retirement Village – Join a Residents Committee!
- 11 Jun 2015
If you’re moving into a retirement village and want to make friends quickly, then joining the residents committee may be the answer for you!
Commercial Leases - I feel a need for security!
- 28 Apr 2015
A major issue of discussion in many leasing transactions is security – a landlord’s need and desire for as much as possible versus the tenant’s need and desire to provide as little as possible.
The Perils of Concrete – what do we do about a hard stand when ending a lease?
- 24 Mar 2015
The person who is left to remove that hard stand area is faced with a big expense and the removal may lead to the unveiling of contamination that has been hidden.
Changes to the Home Building Act are now in force
- 23 Mar 2015
Whether you are a builder or endeavouring to embark on your own home construction or renovations, ensure that you are on top of the new requirements under the Act.
Changes to the NSW Home Building Act - How it Affects You!
- 12 Mar 2015
In mid-2014, the NSW Parliament passed the Home Building Amendment Bill 2014 with most of the amendments starting on 15 January 2015.
Leaving a Retirement Village - The obligations of both the village operator and yourself
- 17 Feb 2015
It is important to understand the financial implications that come with departing a retirement village. Find out more about departure fees and charges.