When an existing lease expires, a tenant may have the “option” to renew the lease. Essentially a tenant has the right to have a new lease granted to them on the same terms as the existing lease. However, the rent will be reviewed in accordance with the rent review terms of the existing lease.
So, what should a landlord be aware of when the initial term of a lease is coming to an end?
We have put together a handy checklist for landlords.
Each state and territory has its own retail tenancy legislation which are all different and all of which are unavoidable and override lease provisions if they apply. Whilst the specifics of the legislation differ the intention and rationale behind the legislation is the same and there are numerous general common features.
It is not uncommon for a landlord to receive notification without warning from an administrator of a corporate tenant advising that the tenant has entered into administration. The following article provides tips for landlords when they have a tenant in administration.
Most Australian entities will now be aware that the Modern Slavery Act 2018 (Cth) (Commonwealth Act) commenced on 1 January 2019.
However, you may not be aware that the NSW government has recently passed its own Modern Slavery Act 2018 (NSW) (NSW Act), which will commence on 1 July 2019.
In the following article we have summarised the key points you should be aware of: obligations under the Commonwealth Act, we explain how the NSW Act has a wider range than the Commonwealth Act and finally what you should do to prepare for the NSW Act.
It is quite common for charities to provide gifts or honorariums to individuals who are important to their organisations as a gesture to express their gratitude and appreciation. However, as registered entities with the Australian Charities and Not-for-profits Commission (ACNC), charities are required to comply with the ACNC's Governance Standards when applying its resources. Therefore, careful consideration should be given to certain potential legal issues and financial reporting requirements when making the decision to provide gifts or honorariums.
The NSW Government released its response to the Shergold Weir Building Confident Report on 19 February 2019, 3 days before the release of the final report into the Opal Tower on 22 February 2019. The response from the NSW Government heralds important and significant changes to building laws in this state. We have summarised the changes.
The holiday season is over, everyone's back at their desks and we've already completed the first month of 2019. It can be scary how time flies.
As with all years in recent times 2018 was a busy year for charities and other not-for-profits and with the start of the new year we thought this was a good opportunity for us to look at what may be in store for charities and not-for-profits during 2019.
We have summarised some of the changes and issues that will confront the sector this year.
Two notable developments in the NSW retirement villages sector have recently taken place – the first being the passage of new retirement village amendment legislation in November 2018 and the second being the appointment of a retirement village ambassador in December 2018.
There’s a huge variety of conduct that can found an oppression suit pursuant to Section 232 of the Corporations Act 2001 (Cth). The “commercial unfairness” test for proving oppression can be described as a little vague.
This vagueness makes life difficult for corporations and those that control them, as the consequences of an oppression suit can be brutal, including the existential threat of the company being wound up.
But what happens if a party claims it is being oppressed, commences legal proceedings, and then claims that the defendants’ conduct within the legal proceedings is itself oppressive?
How does the court deal with oppression within oppression?
Case Note - The recent United Kingdom Supreme Court decision in the matter of Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 deals with the duty of a hospital to take care not to provide misinformation to patients in an Emergency Department (ED) setting.
The case serves as a reminder that the duty of care owed by hospitals and medical facilities extends to both medical and non-medical staff, and includes a duty to take reasonable care not to provide misleading information.
