Commercial Property

What Are Your Legal Requirements When Leasing A Commercial Property?

Businesses across the world lease commercial premises to operate in every single day. Unfortunately, many of these lessees don’t understand the legal requirements that come with leasing a property. Before entering into a commercial property lease agreement, you should consult a property lawyer to make sure that you fully understand your obligations and the requirements of your new business lease.

With that in mind, what are some of the most common legal requirements when leasing a commercial property?

You must complete the relevant paperwork:

Both the landlord and the lessee must complete a range of paperwork when entering into a commercial lease to make sure that the lease is valid (and that it remains valid). Obviously, a written lease has to be drafted in accordance with the lease terms that both parties have agreed on, and it is important that you read a lease carefully before signing it. If you are unsure about your legal requirements in terms of paperwork before and during a lease, consult a property lawyer.

Obviously, you can’t conduct illegal activities:

This should go without saying, but you can’t conduct illegal activities on a leased property. Not only will this get you into trouble with the courts, but it will also be a reasonable cause for your eviction. If you get evicted due to illegal activities, you will have no legal protection whatsoever.

Property and Financial Issues

Property and Financial Issues After Separation

Legal effects of separation on proprietary and financial relationships between the spouses

As a matter of fact, separation necessitates dealing with a wide spectrum of proprietary and financial issues that stem from and are related to marriage. Specifically speaking, it is usually incumbent on the spouses to handle division of their property (assets) and debts. Australian law prescribes various means by which spouses can accomplish such division. First and foremost, spouses, to the same extent as de facto partners, are entitled to come to an agreement on how the property should be divided without having any recourse to court. Second, if the spouses arrived at a mutually acceptable conclusion, they can formalise their arrangement by filing an application for a consent order in the Family Court. Third, as an alternative, if the spouses are unable to reach a consensual arrangement, they may apply to a court for a financial order, such as the order pertaining to the division of property and payment of spouses or de facto partner maintenance.

Under Australian law, both the Family Court and the Federal Circuit Court are authorised to render orders in relation to financial matters following the breakdown of eligible de facto relationships. In like manner, the aforesaid courts have jurisdiction to make similar orders in cases where the parties are married, not separated. Previously, financial disputes between former de facto partners were usually decided by state and territory courts via the application of the law of the respective state or territory. Talking about superannuation, the superannuation splitting law recognises superannuation as a different group of property. This law allows separating spouses to value their superannuation and split superannuation payments, though such procedure is not mandatory.

children’s matters

Children Related Issues Under Australian Family Law

The regulation of children’s matters under Australian law has become a topic of vigorous debates and legal analyses. Thus, legal experts in Australia deem it wise to focus on a federal Status of Children Act in order to improve the regulation of various issues regarding the parentage of children. Per legal experts, it has become crystal clear that Part VII of Family Law Act does not perfectly fit to providing a definition of legal parentage for the purposes of Commonwealth laws in general.

The major objective of Part VII of Family law Act is the parenting arrangements for children when there is a dispute. Though the question of who is or who are a child’s legal parents is of huge importance, in terms of the Family Law Act, the considerations involved in determining what is in a child’s best interest in parenting disputes go beyond the determination of legal parentage. In this connection, the proposed federal Status of Children Act is aimed at providing a clear, consistent and accessible statement of the legal parentage of children for the purposes of all Commonwealth laws and for all courts that exercise federal jurisdiction. It is also expected that the Act will include all the existing parentage provisions in Part VII of Family Law Act. The last but not least, the Act is expected to provide a mechanism for the family courts to transfer parentage in surrogacy agreements.