Property & Leases Articles
Before You Sign a Building Contract
October 5th, 2012 by | Commercial Transactions, Conveyancing, Property & Leases
We have significant experience in advising our clients on their rights and obligations under domestic and commercial building contracts, and residential “house and land” package deals. In South Australia a domestic building work contract can be cancelled if you take action to “cool-off” before the “prescribed time”. This is not a step that should be… Read more »
A Debt Doesn’t Entitle You to Lodge a Caveat
October 4th, 2012 by | Conveyancing, Court Disputes, Debt Collection, Finance & Securities, Property & Leases
The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so. A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »
Builders & Contractors Payment Claims Under the Security of Payments Act – Ignore or Delay at Your Peril!
August 28th, 2012 by | Commercial Transactions, Court Disputes, Debt Collection, Property & Leases
Imagine this: you engage a contractor to perform construction work. You are issued with an invoice at the end of the job, but the work is defective or not what you asked for. You do what you think is the right thing and try and talk to the contractor about fixing the work before you… Read more »
How to “Bullet-Proof” Your Guarantee & Indemnity
August 22nd, 2012 by | Business Sale & Purchase, Commercial Transactions, Debt Collection, Finance & Securities, Property & Leases
What can go Wrong? A landlord owned prime commercial premises that were leased to company B, the branch of a national retail chain, and payment of the rent was guaranteed by company C. B transferred the lease to another company; both went bust. C didn’t have to pay the lost rent because the Guarantee only… Read more »
Land Tax Anti Avoidance
October 17th, 2009 by | Conveyancing, Property & Leases
Land tax is only payable in relation to investment or commercial properties and is calculated on a “sliding scale” on the basis of the total taxable site value of all land owned (by an owner or a group of owners) which exceeds the tax-free threshold ($353,000 in 2017/18 financial year). As a result of the 2007… Read more »