Articles

Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.

Arbitration is increasing in popularity as a pathway to dispute resolution, and many business contracts include a clause which requires all disputes to be resolved by arbitration. Additionally, you can save thousands of dollars, as well as many days of valuable time by using arbitration instead of going to Court. Our Commercial Law Team explains.

The Duties Act 2000 ('the Act') has been amended to enable the State Revenue Office ('the SRO') to assess duty on Leases, which it believes are used as a mechanism to avoid duty. So how does this effect lease negotiations?

Quite often commercial tenants are companies. What happens if your commercial tenant is experiencing financial difficulties or if they have a liquidator or administrator appointed? As a Landlord, you cannot simply terminate the lease. So what can you do? We outline three broad categories of insolvency that may be applicable to a commercial tenant as a company. Read here for more information.

A terms contract can exist by operation of the Sale of Land Act regardless of the apparent intention of the parties and purchasers may take advantage of this to avoid a Contract.

It is important to remember that there are certain types of claims that can only be issued in a particular Court or Tribunal. If a claim is issued in the wrong place, it may be struck out, which would mean you would have to start again somewhere else. You would also commonly have to pay your opponent's costs. Our Litigation Team explains.

In Victoria, a Will can be challenged by any person who believes that the deceased had a responsibility to make adequate provision for them in their Will. However, the Courts will decide the validity of the claim.

When market rent reviews in Leases are undertaken, the determination as to the new rent will generally be final. However, this might not be so when the review has been completed in a manner inconsistent with the wording of the Lease.

Can a new landlord enforce guarantees imposed by the previous landlord? Read here for more information.

When can a Landlord reasonably withhold consent to a transfer of a Lease where the legal identity of the Tenant is to change? An example set out in this case explains when it is reasonable for a Landlord to withhold such consent, given the circumstances.

Difficulties can often arise in interpreting the special conditions of a Contract when things do not go to plan. Here is an example of what can go wrong. We provide some practical tips for how to avoid ending up in a similar situation. Read here for more details.

In selling your Property, you are not only dealing with a substantial asset, but you are also going to enter into a very valuable Contract with a party you probably have never met or dealt with. Given this, your rights should be properly protected from the many risks and dangers not only from the nature of the transaction but also from any actions of the Purchaser or their solicitors/conveyancers. A solicitor is best placed to give you this protection and peace of mind.