Back in 2014, QBM Lawyers successfully applied to dismiss proceedings claiming the clawback (repayment) of over $1M in leasing incentives which were claimed to be repayable because of the termination of the lease. This was in the matter of GWC Property Group Pty Ltd v Higginson [2014] QSC 264 (“the GWC Decision”). Common kinds of […]
In an earlier news article, we discussed the risks of sellers blindly signing agent’s appointments which often incorporate provisions requiring the seller to pay commission on sales which have not settled. The REIQ standard terms for agent’s appointments contain that quite hazardous obligation, together with other provisions which might excite the interest of the seller’s […]
The usefulness of Enduring Powers of Attorney cannot be underestimated, and should be considered as part of any estate or business planning exercise. But what is an enduring power of attorney, how are they made, and should you agree to be an attorney? This article sets out the basic framework for the instrument. In a […]
In commercial leases, often a landlord will for various reasons not want the tenant to exercise its option to extend the lease term. Those reasons could include: Regardless, tenants should always approach the exercise of their option carefully and formally, as it is easy to lose the option right if it is not exercised properly. […]
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