This article discusses some of the key aspects of commercial leases that, as a Queensland business owner, you need to be aware of.
We are often approached by clients or accountants with problems relating to their trusts – sometimes the deed has been lost or damaged, or the trust was established some time ago and the terms need to be updated. An issue that has become increasingly common in recent years (particularly following the GFC) is that where a trustee company goes into liquidation or has been deregistered. This can become quite a complex issue to resolve, particularly when the trust owns real property, or when the trust is a self managed superannuation fund. This issue was also recently considered by the Queensland Court of Appeal in Thorne Developments Pty Ltd v Thorne & Anor  QCA 63 (Thorne).
For many people, buying (and selling) their home is the largest legal transaction they will deal with. Often it is their only dealing with a law firm. Conveyancing is the area of law dealing with the legal aspects of buying and selling property. While conveyancing is a commonly practised area of law, many people make the mistake of assuming it is simple, or do not appreciate the disasters that can occur if it not dealt with correctly.
One of the more misunderstood features of Queensland’s title system are caveats. We often receive queries from clients asking whether they can register a caveat over the property of someone who owes them money. While caveats can be a useful tool to protect a party’s interest, we always urge caution when using them, as there can be serious consequences to lodging a caveat.
Left unresolved, a shareholders dispute can significantly impact on a company’s profitability, if not destroy the company and irreparably damage the relationship between the shareholders. As with all disputes prevention is almost inevitably better than the cure, and in the case of a proprietary limited company, prevention means a properly drafted shareholders agreement (or similar document). A shareholders agreement should, at a minimum, contain clear guidelines for dealing with potential and actual shareholder disputes and may enable parties to engage in cost effective and cost-effective alternative dispute resolution strategies to prevent costly litigation.
29 March 2020
*Update* – While not announcing any substantive changes to commercial leases, the Prime Minister in his briefing this evening strongly encouraged landlords and tenants to engage in constructive discussions about the lease and arrangements during this period.
The Prime Minister has announced that the National Cabinet has approved a new mandatory “Commercial Tenancies Code” to assist in dealing with the fallout from the coronavirus pandemic.
Each state is expected to amend legislation to implement the Code’s principles shortly.
The Queensland Government has now passed regulations implementing National Cabinet’s mandatory code of conduct—SME commercial leasing principles during COVID-19.
Franchising enables people to enter the small business sector without building a business from scratch. You work within an established business model and must meet various obligations – financial and operational – to honour your franchise agreement.
None of us enjoys sending payment reminder notices, let alone repeatedly. If you are not being paid, Ballantyne Law Group’s Commercial Law team can help by issuing a Creditor’s Statutory Demand on your behalf.