Under Australian law, as soon as an individual signs a commercial lease, he is legally bound to fulfil all terms and conditions of the lease, including the payment of rent, for the whole duration of the lease. Verbal agreements to change the lease are not binding in Australia. If a tenant and the landlord (the individual or business entity leasing the premises) desires to amend the terms and conditions of the lease, such amendments must be set forth in writing, usually with the participation of commercial lawyers such as Lynn & Brown on one side and another firm representing the other side. Both the tenant and landlord must consent to any alterations in the lease. If both the tenant and landlord are completely aware of and consent to the lease conditions, there should be no disputes. Common grey areas, or the areas for confusion involve rent increases and lease renewals.
One of the reliable means of handling leasing disputes is mediation. A hearing by a special tribunal may be viewed as another way to remedy leasing conflicts and disputes. Each State and Territory of Australia has its own tribunal that specialises in handling commercial tenancy disputes. Thus, ACT Tenancy Tribunal was established in 1994 to handle disputes concerning retail premises, or premises located in a shopping centre and small commercial premises that are not located in a shopping centre. The ACT Tenancy Tribunal presently rests its decisions on the Leases (Commercial and Retail) Act 2001.
Professional legal advice will tell you that there are many different criteria to finding the best lease, but before you can even start to look at what is in the lease you have to find a property that suits. Here are some tips to help find the property best suited to your kind of business.
Know your target market. Only by knowing the market and where they are likely to be can you be sure of putting your business in the same place. While location is not that important for some, it can spell success or disaster for others. So if you have a coffee shop or a butcher’s shop you need to be right where the foot traffic is, but also where there is plenty of parking. If you sell bulk supplies of timber or hardware your business will be in the industrial area. But you’ll need room for larger vehicles to drive in and access their goods rather than multiple parking spaces for cars.
Many people dream of of setting up their own business without really looking into it. While you may have special skills that would make a great business, you also need to know a lot about setting up and running it. In fact, you really need an experienced Perth commercial lawyer to help you set the company up in the first place. Why?
For a start, there are four different business models, so which one is best for your business? What you choose can have a big impact on things like insurance, tax, asset protection and even legal costs. Rather than choose a model that suits you at the moment, you have to include your future vision for the business and ensure the model you choose will still be right for it when you expand.
If you start up a business that cannot be run from home, you will need to lease business premises. There is a great deal to consider and plan including getting professional advice from Perth lawyers and in this case, an experienced property lawyer because signing a lease will mean you are committed to pay a specific amount on a continual basis for the term of the lease. In addition, you may need to outfit the premises before you can start selling to get an income. Here are some of the things you will need to consider apart from the price.
The future needs of your business. You may need to expand, so are the premises large enough? If you expand in a different direction, is there anything in the lease that may prohibit you from selling different goods? Moving from the location after you have built up goodwill there can mean you are virtually starting all over again, so get it right the first time.
Since the Power of Attorney is a legal document it should always be stored in a safe place. In addition, copies should be given to the person you have appointed as attorney and your Perth family lawyers. If the appointed attorney is going to deal with real estate in NSW on your behalf, the document should be registered with the Land and Property Information Division of the NSW Department of Lands. This is the only requirement for the document to be registered. When and if you revoke the Power of Attorney document, the cancellation should also be registered.
Why witnesses are needed
When you create a Power of Attorney there has to be witnesses that sign the document. These witnesses are meant to ensure that you understand what you are doing and believe that the person you appoint is capable of acting in your best interests. This prevents older people being manipulated into giving unscrupulous family members legal right to administer their estate to their own benefit.
Once it was considered that only affluent people needed to bother with estate planning. But much depends on your idea of affluence. When compared with many Third World countries, many inhabitants of Australia could be considered affluent. According to experienced family lawyers Robertson Hayles, if you have some assets, it would be a good idea to see your lawyer about estate planning. There are two main aims for this –
It will help to avoid any financial hardship for your next of kin in the event of your death.
While you may think the latter is not all that important, some family squabbles go on for decades and can really fracture a family, often forever. Then of course, there is one other good reason for estate planning and that is to reduce taxes. Some of the taxes that were once in force are no longer in existence, but there are always others to take their place, so you can’t avoid them completely. So estate and death duties are out, but capital gains tax is in, as well as other various taxes that may depend on just what your assets are. If you need help finding a lawyer, try this Lawyers List.
When you are young and just starting out, you don’t think too much about the need for family lawyers. They spend most of their time working out ways to enjoy life and have more fun, about their career choices and how long it will be before they get their dream job. In fact, very little time is spent thinking about worst case scenarios or the end of life. That is why so many young people do not even think to make a Will.
However, if the unthinkable should happen – and statistics show that it happens more often than we would like to believe – your assets, be they ever so few, would not be likely to go to your loved ones unless you have a Will.
Lawyers will tell you that litigation once only happened to large businesses; these days it is increasingly happening in the small businesses environment as well. It can be disastrous for any business, but even more so for the smaller one that doesn’t always have the resources to pay for it and recover. If you own a small business, here are some tips to prevent litigation happening to you.
Watch your mouth. Being careful what you say or write will help to keep you out of hot water. These days some people are on the defensive all the time, which means a thoughtless joke or comment can be taken the wrong way and the next thing you know you are up for slander, libel or harassment of some kind.