July 21, 2016

Property & Commercial

Property Matters

Not only do we act in your purchase or sale of properties, we offer legal advice in various matters concerning properties. Property law comes in diverse forms and shapes, from leasing to living in a community titles scheme unit or managing a body corporate in a community titles scheme. Our strength is the ability to give advice on a wide spectrum of issues. Our commitment is to assess individual needs of our clients, where they come from, what they would like to achieve, and how best they can achieve it.

Our services include:

  • Leasing - commercial, industrial, retail, rural leases - acting for landlord or tenant
  • Drafting and advising on leases and agreements to lease
  • Issuing and/or advising on notices to remedy breach of lease
  • Lease disputes
  • Advice on agency appointments / advice on the Property Occupation Act
  • Body corporate/community title advices
  • Advice on “company title” properties
  • Advising on or drafting easements
  • Advising on caveats

See also: Conveyancing
Development Projects


Conveyancing

Whether you are a first home buyer or an experienced investor, we offer thorough assistance in your purchase of properties. Our strength is the ability to deliver tailored advice. If you are a first home purchaser, let us assist you in explaining what “standard conditions” mean and what their traps may be. We are also available to assist your acquisition of commercial or industrial properties or properties for re-development.

Our services include:

  • Residential second hand property, “off-the-plan”, vacant land purchases and sales, including houses and units
  • NRAS property purchases
  • Reviewing REIQ Contracts
  • Drafting contracts or special conditions to REIQ Contracts
  • Purchase or sale of properties in retirement villages, including freehold, leasehold, licence arrangements
  • Purchase of manufactured homes
  • Commercial property purchases and sales, including commercial buildings, strata units, with or without leases, other commercial buildings such as warehouses and industrial properties
  • Due diligence
  • Reviewing and drafting commercial property contracts
  • Put and call option deeds, referral/nominee agreements

See also: Development Projects
Property Matters


 

Development Projects

We act for developers from acquisition of property for re-development, through to preparation of off-the-plan contracts, registration of subdivision plan to sale of the developed lots. Along the way, we may be of assistance in advising you on your potential sale of management rights, establishment of the body corporate or even on the appointment of your sales agent. No matters are small to us and our pledge is to provide comprehensive yet personalised legal services.

  • Acquisition of development site
  • Option deeds
  • Drafting “off-the-plan” contract of sale and disclosure statement due diligence
  • Preparation of further disclosure statements
  • Establishment of body corporate
  • Titling plan registration
  • Conveyancing of developed lots
  • Drafting / reviewing management rights agreements (caretaking agreements, letting agreements)
  • Sale of management rights

Corporate and Trust Structures

Choosing the structure most suited to your business and needs is essential, as it can have a vast impact on your future transactions, tax benefits and running costs. Different structures include a trust, whether a family, discretionary or unit trust, company, sole trader, joint venture, partnership, to name a few. After establishment, your circumstances might change throughout the life of the business. We can provide assistance throughout your business lifecycle including with variations to your trust deed or agreements related to a corporation such as shareholders agreement or directors agreement, or switching to a different structure.

Our services include:

  • Advice on structures
  • Establishment of trusts, companies, joint venture, partnership
  • Compliance when operating a company, including advice on requirements under Corporations Act
  • Trusts – advice, establishment and running
  • Shareholders Agreement
  • Directors Agreement

See also : Wills and Estate Planning


Finance and Mortgages

Securing finances and providing finances are a vital part of our business transactions. We provide advice in respect of finance and mortgage transactions so your ultimate business goal is smoothly attained.

We also assist families in documenting lending arrangements between family members that are suitable for more informal and simpler nature of the arrangement and yet ensuring the arrangement is properly documented.

  • Drafting reviewing security documents including mortgages and loan agreements
  • Advising on personal property securities interests including registration, registration of changes and releases
  • Variation of security documents
  • Priority deeds
  • Refinancing
  • Guarantee advice

See also : Small Business Advisory / Commercial Transactions


Small Businesses Advisory / Commercial Transactions

We represent small to medium sized businesses in respect of various aspects of their operations.

Our services include:

  • Business acquisitions and sales
  • Starting up a business – establishment or taking over existing structure or business
  • Establishment and advice on various structures such as companies, trusts, partnerships, joint ventures
  • Franchising advice and dispute resolution
  • Purchase of rent roll
  • Purchase of management rights
  • Shareholders agreement
  • Directors agreement
  • Drafting, reviewing and advising on various commercial agreements such as supply or agency agreements

See also : Property Matters
Conveyancing
Corporate and Trust Structures
Finance and Mortgages


Notary Public

A Notary Public is an officer in Queensland appointed for life by the Archbishop of Canterbury and given powers to witness documents, administer oaths and perform other wide ranging administrative functions of a national and international nature. A Notary Public not only takes oaths, signs and witnesses documents for use within Australia but also performs similar functions in respect of international documents for use outside Australia.

All notaries, seals and signatures are officially recorded in a database held by the Department of Foreign Affairs and Trade (DFAT), an Australian Government Department authorised to issue Apostilles or Authentication Certificates certifying that the signatures, seals or stamps of Notaries on Australian public documents are genuine. Notary Publics also have their signatures, seals or stamps registered with the State Supreme Court to whom they are answerable to and with the Society of Notaries and with various Embassies.

What does a Notary Public actually do?

A Notary Public principally:

  • Attests documents and certifies their due execution for use in Australia and overseas countries
  • Prepares and certifies powers of attorney, wills, deeds, contracts and other legal documents, for use in Australia and overseas countries
  • Administers oaths for Australian and international documents
  • Witnesses signatures to affidavits, statutory declarations, powers of attorney, contracts, and other documents, for use in Australia and overseas countries
  • Verifies documents for use in Australia and overseas countries
  • Certifies copy documents for use in Australia and overseas countries
  • Exemplifies official documents for use internationally
  • Notes and protests bills of exchange
  • Prepares ships' protests