Szabo & Associates News & Updates

Key considerations in commercial (non-retail) leases

Commercial leases can be complex and a minefield for the unwary. As a minimum, there are a number of essential issues to consider before agreeing to a lease, whether as a landlord or tenant. This starts with ensuring the lease documentation is correct so as to avoid, or at least minimise, disputes arising during the lease period. Key terms can initially be documented in a Heads of Agreement and signed by both lessor (landlord) and lessee (tenant).

The recent case of Radney & Radney (2022) FedCFamC2F 53 illustrates the need for separating couples to formalise a property settlement- in this case, before a blended family scenario altered the status quo many years later.

When a person dies their debts do not pass away with them. How these debts are to be managed, however, depends on matters such as the type of debts, their size and the net total of the assets and liabilities contained within the estate. The term estate refers to the assets belonging to the deceased and will include real estate, bank accounts, shares, motor vehicles and other property such as furniture, jewellery and art work. Debts might include personal loans, credit cards or mortgages, utility bills and funeral expenses.

The short answer to the question as to whether a former spouse can make a successful family provision claim is, as is often the case, it depends.

Disputes as to who the father of a child is can arise, for example, because a partner has been told they are not the father, or alternatively, a biological father denies this to be the case.