COMMERCIAL & RETAIL LEASING
wRIGHT LAW ILP has extensive experience in commercial leasing can assist you whether you are a tenant or a landlord or whether you need a new lease or are in an existing lease.
When starting a business for the first time the lease agreement is an important consideration for a tenant. Do you know if the premises are subject to the Retail Leases Act? What is the term of the lease? Do you know the benefits and burdens of a retail lease? Is there an option for renewal? A short lease with an option to renew will afford you the opportunity to test the business where a long lease will lock you in.
A landlord also needs to take into account a range of issues when choosing a tenant.
Do you intend to redevelop the property in the future? Is the property a long-term investment? Does the tenant have the continuing funds to meet their liability under the lease? What is the nature of your tenant’s enterprise? Are they going to create problems for you by the nature of their product?
Many real estate agents use the pre-printed Commercial and Retail Lease form because it is cheaper in the short-term. However, you must be sure that it adequately covers your needs. The printed form is not suitable for registration, which is important in enforcing you rights and obligations.
Leases and franchises often run together so you need to beware of the different obligations. Not all lessors are franchisors. Can you take your franchise with you when your lease runs out?
GENERAL FRANCHISING
We advise franchisors and franchisees on all legal aspects, including:
- Purchase and sale of franchise businesses
- Preparation of franchise agreements, disclosure documents and ancillary documentation
- Franchising Code of Conduct compliance
- Intellectual Property protection
- Sales, purchases and restructuring of franchise systems
- Australian Competition and Consumer Commission (ACCC) observance
- Dispute resolution and litigation
SERVICE STATIONS
A unique sector, Service Stations require specialist legal advice – often beyond the scope of standard legal commercial transactions and activities.
wRIGHT LAW ILP PROVIDES PROFESSIONAL LEGAL COUNSEL ACROSS THE FOLLOWING KEY AREAS.
- Service Station purchase: Managing all provisions, documentation and transactions related to purchase and sale.
- Service Station freehold: Managing all provisions, documentation and transactions related to (Freehold) purchase and sale.
- Advice of Structure of Purpose: Pertinent advice and development of relevant ‘Structure of Purpose’ documentation.
- Existing use Rights: Ensuring all rights are identified and applied to the full extent.
- Re-opening closed Service Station: Identifying all requirements and documentation necessary for legal re-engagement of services.
- Remediation of land follow contamination: All legal aspects related to post contamination remediation.
- Rent abatement following interruption to business: Advice on legal rights on rent abatement in regard to specific business (commercial) interruptions.
- Service Station leasing: Advice on and creation of relevant binding lease documents.
- Environmental matters: Specific advice and activity management of environmental issues related to Service Stations and their products.
- Environmental Protection Authority and compliance: Advice on ensuring full (on-going) compliance with EPA requirements and regulations.
- VR1 and VR2 upgrades to Service Stations: Legal needs, activities and requirements related specifically to VR1 and VR2 upgrades.
- Leasing – new, renewals, variations, option to purchase: Legal management, counsel and document preparation on any and all leasing variations.
- Option agreements: Legal advice and document preparation related to all elements of Option Agreements.
- Supply and Commission Agency Agreements: Advice and document preparation on all related agreements.
Regardless of your industry involvement, wRIGHT LAW ILP can provide professional, objective and unbiased advice to ensure your activities meet all legal requirements.
WILLS AND ESTATES
We have been taking instructions for wills, probate and powers of attorney for over 60 years and in recent years for enduring guardianship appointments.
Creating a will requires great sensitivity and understanding. We provide straightforward advice about your legal options and give comprehensive practical assistance in dealing with all aspects of wills and probate.
Handling the estate of a deceased relative can involve solving complex legal matters and dealing with family matters that may have significant emotional and financial concerns for those involved.
We use our best endeavours to ensure that the agreements you make and the documents you sign accurately reflect your intentions. Throughout your life we help you to make those changes that reflect your circumstances.
If a will is disputed we have experience in resolving disputes without costly court action. If court proceedings become inevitable our main consideration is in your interest.
TEN IMPORTANT QUESTIONS ABOUT YOUR WILL
- How do I decide who will be my executor(s)?It is desirable to appoint someone younger than you. A beneficiary can be an executor. One executor is sufficient, but you can appoint more than one. If your children are minors you should also consider appointing a guardian(s). Also it is wise to appoint an alternative executor in case your executor(s) dies before you or is unable to carry out the administration.
- Do I need to list my assets and their value?It does help to list your assets and their approximate value if you intend to make specific gifts to people.
- Who will be the beneficiaries?List the names and addresses of the people or organisations (e.g. charities) that will benefit under your will.
- Do I need to list everything that I own?Only list the specific personal property that you want to leave to specific people. Limit specific bequests, like jewellery, to important or valuable items as too much detail can make your executor’s job difficult or more costly.
- Do I need to specify how my remains are to be dealt with?If you have a preference for cremation, burial or organ donation:(a) Indicate whether you have a preference for cremation or burial and;(b) If you desire to donate your organs for transplant or research or both.
- What about Will Kits?It is easy for mistakes to occur when you use a will kit. Your will is the one document you create in your lifetime that comes into effect only after you have gone. It is then too late to make changes or correct mistakes. Our wills are constructed to your individual requirements by qualified solicitors.
- Is it cheaper to go to a Trustee company to have my will prepared?Yes—but only in the short term. Some Trustee companies offer to prepare your will for little or no fee if they are appointed executor. When they administer your estate they charge the estate a commission. That is a percentage of the value of the estate assets. If you appoint a person who is a beneficiary as executor normally this does not apply. This could save your estate thousands.
- Where should I keep my will?You should keep your will in a fire-proof safe and, preferably, not in your own home. We provide for our clients free fire-proof safe custody.
- If I don’t make a will does my estate go to the government?No. But you have no control as to who inherits your estate and it can lead to costly disputes
- Do I have to discuss my intentions with my relatives or intended beneficiaries before I make my will?No—it is your will. You don’t have to discuss your intentions with anyone except to give instructions to your solicitor.
IMPORTANT QUESTIONS ABOUT ENDURING POWER OF ATTORNEY AND ENDURING GUARDIANSHIP
- Why do I need an Enduring Power of Attorney and Guardianship?a) A will ensures your assets are distributed according to your wishes.b) An Enduring Power of Attorney enables your affairs to be managed when you are unable to manage them and:c) Privacy laws, prevent your relative or friend from obtain information about your health medical condition and general care. and from making decisions for you when you are unable to do so. Only an Enduring Guardianship will give this authority to manage your general care and well being and to carry out your wishes on vital decisions such as what to do if you are on life support.
- If my partner or I suffer from aged dementia or lose mental capacity, can the Enduring Power of Attorney be used to instruct doctors and nurses regarding our health and welfare.No—the only authority that will enable the person of your choice to look after you and your heath care and welfare is an Enduring Guardianship.
- Can my partner or I use Enduring Power of Attorney (POA) to handle our financial and legal affairs if the other suffers dementia?Yes —that is its purpose—your adult child or your children can be appointed to manage your financial and legal affairs. However, you should also have an Enduring Guardianship to allow them to fully care for you when the power of attorney is insufficient.
- If my partner dies can I use the Enduring Power of Attorney to withdraw money for the funeral and other death expenses?No—the bank usually allows an executor access to the deceased’s account to pay urgent expenses. The bank may need to sight a copy of the will. The Enduring Power of Attorney enables you to attend to these matters only while the appointee is alive.
GENERAL COMMERCIAL ADVICE
The old adage “a stitch in time saves nine” still holds true in today’s commercial world. Good advice taken early will save its cost many times over. Use our experience and
expertise.
Our solicitors can advise and provide help on:
- formation of companies, partnerships and trusts
- regulatory compliance
- intellectual property
- purchase and sale of businesses
- leases and licences
- preparing and managing contracts
- determining contractual risk
- franchising and the contractual documentation between franchisees and franchisors
- resolving disputes
We advise a wide range of businesses in different sectors and industries, including wholesaling, retailing, and manufacturing.
COMMERCIAL LITIGATION
If mediation and dispute resolution fails litigation may be the only alternative. It is often a complex and time-consuming process. wRIGHT LAW ILP has a proven record, of managing and conducting this difficult process.
Our experience covers most jurisdictions including the High Court of Australia, the Supreme Court of New South Wales, the Federal court, and the District Court. We have successfully prosecuted and defended litigation in areas such as:
- Trade practices
- Breach of contract/lease
- Negligence
- Injunctions and declarations
- Debt collection
- Debt claim defense
- Contested Wills
- Company liquidation
- Bankruptcy
- Property disputes
- Building disputes
- Partnership matters
- Commercial lease disputes
INSOLVENCY AND RESTRUCTURING – PERSONAL AND CORPORATE
These are economic hard times for many sole traders, wage earners and partnerships. Often substantial debts can be incurred through no fault of the business operator. If you find yourself in trouble bankruptcy is not necessarily inevitable. wRIGHT LAW ILP can negotiate a scheme that may satisfy your creditors and allow you to reorganise your life and business.
A director must not trade if his company cannot pay its debts as they become due. If this occurs, immediate action may save you or your company from bankruptcy or liquidation and breaches of the Corporations Law.
FAMILY LAW
PROPERTY AND FINANCIAL MATTERS
Our team is skilled in handling a range of family-related financial matters. Our family lawyers are equipped to guide you towards a financially sound outcome that lays the groundwork for your future. Our areas of expertise include binding financial agreements, property settlements, spousal maintenance, child support, superannuation, and tax considerations arising from separation.
PARENTING
Legal issues encompassing children and parenting demand a delicate and thoughtful approach. Our lawyers are compassionate, insightful, and tailored to individual circumstances. Our services extend to parenting plans, orders regarding care arrangements for children, mediation, and relocation and unlawful removal of children.
DE FACTO RELATIONSHIPS
In Australia, de facto couples enjoy the same legal status as married couples. However, determining the existence of a de facto relationship can often be ambiguous. If you are uncertain about whether you are in a de facto relationship or require advice on the financial implications of entering one, we are here to help. Our expertise covers binding financial agreements, property settlements, parenting and care arrangements for children, spousal maintenance, and superannuation splitting.
At wRIGHT LAW ILP, whilst we are empathetic lawyers, we are also directed. We firmly believe that a practical and cooperative approach is often in the best interests of our clients and we try to implement strategies to avoid protracted and uncertain litigation.
