Managing commercial disputes – key steps and processes

A commercial dispute occurs when two or more parties have a disagreement in relation to a business matter.  The subject of a commercial dispute varies; however, many arise due to a party’s alleged failure to perform contractual terms and conditions, which is why it is...

Due Diligence when Buying an Existing Business

If you are thinking about a new venture, expanding an existing business or entering a new market, one option you might consider is to buy an established business. There are advantages and disadvantages when buying an existing business compared with starting your own....

Pre contract negotiations and commercial leases

 A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property used primarily for a business.  You should never sign a lease without understanding all of its terms and...

Heads of Agreement – key terms and considerations

A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or...

Options to renew in commercial leases – don’t get caught out!

An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both...

Self Managed Super Funds – Buying Property

Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to...