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Claims relating to commercial and retail leases account for around 3% of the total claims LPLC sees each year.

LIJ Articles

Solicitors’ undertakings carry risk

Conveyancing, Leases, Professional Responsibility, Commercial 01 Mar 24

Only give undertakings when you can control and ensure compliance.

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LPLC Articles

Should you include leases in section 32 statements? There’s no easy answer

Conveyancing, Leases 20 Feb 15

Unfortunately there is no easy answer to the enquiries LPLC has received from practitioners seeking our view on whether a lease needs to be included in a section 32 statement.

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Alert

Snapshot of Major Victorian Property Tax Changes effective from 1 January 2024

Conveyancing, Tax, GST, Leases, Building and Construction, Building and Construction 13 Dec 23

The State Taxation Acts and Other Acts Amendment Act 2023 received Royal Assent on 12 December 2023. The new law introduces significant property tax changes in Victoria with effect from 1 January 2024.

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Alert

Retail leasing law changes: are your processes and precedents ready?

Leases 02 Oct 20

This LPLC Alert provides a summary of the key changes introduced by the Retail Leases Amendment Act 2020 and 3 steps to take now to avoid risk when acting in retail lease transactions.

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Alert

Land Leases and the PPS Act

Leases 11 Sep 13

Practitioners for both landlords and tenants need to understand that the Personal Property Securities Act 2009 (Cth) (PPS Act) may apply to the lease of premises because:

  • Sometimes a landlord of premises also leases goods to the tenant.
  • A landlord may obtain a cash security deposit from the tenant.
  • A landlord may provide a lease incentive to pay for the tenant’s fitout.
  • When a tenant vacates premises, goods may be abandoned.

LPLC recommends that practitioners consider the following matters when acting in relation to a lease of premises.

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Alert

Sale of Land and the PPS Act

Conveyancing, Leases, Mortgages, Personal Properties Securities, Mortgages, Personal Properties Securities 11 Sep 13

Practitioners for both vendors and purchasers need to understand that the Personal Property Securities Act 2009 (Cth) (PPS Act) may apply to a contract of sale of land because:

  • Sometimes a vendor selling land, also sells goods to the purchaser.
  • Sometimes a vendor selling land also transfers a licence to the purchaser.
  • The sale of land may be subject to a lease where the vendor may have received a cash security deposit from the tenant.
  • The sale of land may be subject to a lease where the vendor may have also leased goods to the tenant.

The LPLC recommends that practitioners consider the matters in this Alert when acting in relation to the sale of land.

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Checklists

Subdivision limitations

Conveyancing, Leases, Building and Construction, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to subdivision.

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Checklists

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

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Checklists

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

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Checklists

Statutory demand limitations

Leases, Building and Construction, Sale and Purchase of Business, Building and Construction, Commercial 05 Jun 23

Time limits most commonly missed in relation to statutory demand, a claim example and lessons learned.

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Checklists

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

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Checklists

Contracts limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to contracts.

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Checklists

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Learn more
Checklists

Land acquisition limitations

Conveyancing, Tax, GST, Leases 05 Jun 23

Time limits most commonly missed in relation to land acquisition.

Learn more
Checklists

International contracts for the sale of goods limitations

Conveyancing, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to international contracts for the sale of goods.

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Checklists

Instruments limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to instruments, a claim example and lesson learned.

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Checklists

Liquidator limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to liquidation, a claim example and lessons learned.

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Checklists

Caveats limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to caveats, a claim example and lessons learned.

Learn more
Checklists

COVID-19 tenancy checklist

Leases 22 Oct 20

This checklist is a reference tool for practitioners advising on rent relief for landlords or tenants.

Use the checklist to make sure you don’t miss any of the crucial steps or obligations and to help you refer to the relevant legislation and provisions. The checklist is not exhaustive, and practitioners must familiarise themselves with the legislative framework.

Learn more
Checklists

Tenants practitioner checklist

Leases 06 Oct 20

Checklist to help practitioners manager risk in lease transactions.

Learn more
Checklists

Landlords practitioner checklist

Leases 06 Oct 20

Checklist to help practitioners manage risk in lease transactions.

Learn more
Practice Risk Guides

Looking after leases

Leases 06 Oct 20

This LPLC Practice Risk Guide contains details of claims, relevant cases and legislation affecting retail leases. It is designed to raise awareness of common problems in commercial and lease transactions, provide advice on ways to avoid them to protect against claims.

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Practice Risk Guides

Looking after leases

Leases 06 Oct 20

This LPLC Practice Risk Guide contains details of claims, relevant cases and legislation affecting retail leases. It is designed to raise awareness of common problems in commercial and lease transactions, provide advice on ways to avoid them to protect against claims.

Learn more
Checklists

Subdivision limitations

Conveyancing, Leases, Building and Construction, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to subdivision.

Learn more
Checklists

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

Learn more
Checklists

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

Learn more
Checklists

Statutory demand limitations

Leases, Building and Construction, Sale and Purchase of Business, Building and Construction, Commercial 05 Jun 23

Time limits most commonly missed in relation to statutory demand, a claim example and lessons learned.

Learn more
Checklists

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

Learn more
Checklists

Contracts limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to contracts.

Learn more
Checklists

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Learn more
Checklists

Land acquisition limitations

Conveyancing, Tax, GST, Leases 05 Jun 23

Time limits most commonly missed in relation to land acquisition.

Learn more
Checklists

International contracts for the sale of goods limitations

Conveyancing, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to international contracts for the sale of goods.

Learn more
Checklists

Instruments limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Properties Securities, Commercial 05 Jun 23

Time limits most commonly missed in relation to instruments, a claim example and lesson learned.

Learn more
Checklists

Liquidator limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Personal Properties Securities 05 Jun 23

Time limits most commonly missed in relation to liquidation, a claim example and lessons learned.

Learn more
Checklists

Caveats limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business 05 Jun 23

Time limits most commonly missed in relation to caveats, a claim example and lessons learned.

Learn more
Checklists

COVID-19 tenancy checklist

Leases 22 Oct 20

This checklist is a reference tool for practitioners advising on rent relief for landlords or tenants.

Use the checklist to make sure you don’t miss any of the crucial steps or obligations and to help you refer to the relevant legislation and provisions. The checklist is not exhaustive, and practitioners must familiarise themselves with the legislative framework.

Learn more
Checklists

Tenants practitioner checklist

Leases 06 Oct 20

Checklist to help practitioners manager risk in lease transactions.

Learn more
Checklists

Landlords practitioner checklist

Leases 06 Oct 20

Checklist to help practitioners manage risk in lease transactions.

Learn more

Retail leasing law changes: are your processes and precedents ready?

02 Oct 20

This LPLC Alert provides a summary of the key changes introduced by the Retail Leases Amendment Act 2020 and 3 steps to take now to avoid risk when acting in retail lease transactions.

Learn more

Get risk advice on property work

+61 3 9672 3800 lplc@lplc.com.au
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