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Commercial Leases – Covid-19 Emergency Response Declaration 2021
Contact: Mark Poretti In response to the COVID-19 lockdown across the ACT, the ACT Government recently introduced the Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2021, which provides the framework under which COVID affected businesses and not-for-profit organisations can negotiate the terms of their commercial leases with their landlords. The Declaration re-introduces the requirement […]
Changes to Stamp Duty in the ACT – Implications for Buyers and Developers
Earlier this week, the ACT Government announced a number of changes to the Stamp Duty regime, commencing 1 July 2021. These changes will have impacts on the property market in Canberra, affecting both buyers and developers. The Changes The main change is that anyone purchasing an “off the plan” apartment or townhouse valued at up […]
Interpretation of Crown Lease Conditions – A Growing Gulf Between Government and the ACAT?
The recent developments in the ongoing saga of the Knightsbridge Furnished Apartments (Knightsbridge) in Kingston may prove to highlight a growing gulf between the ACT Planning and Land Authority (ACTPLA), pushing for development across the Territory and the ACT Civil and Administrative Tribunal (ACAT), who appear to be narrowly interpreting Crown Lease provisions. Background Completed […]
The Importance of Vendor Warranties
Contact: Mark Poretti In most business sales, the humble vendor warranty is often overlooked and understated in its value to the purchaser. This is despite the significant consequences if a vendor breaches these warranties (e.g. termination of contract and damages). In this article we review the importance of vendor warranties and how a tailored approach […]
The New Normality – The impact of COVID-19 on Law:
COVID-19 has had a significant impact on the way businesses operate and consequently, businesses have had to adapt to a ‘new normal’. At Trinity Law, we specialise in four broad areas of our business consisting of Commercial and Business Law, Property Law, Commercial Litigation and Small to Medium Enterprise. While Trinity is one firm, each […]
COVID 19 Commercial Leasing – Code of Conduct
Contact: John Irvine The Federal Government has now released the Code outlining the mandatory relief landlords are to provide their affected SME tenants and which is about to be passed into law by each State and Territory … Minimum relief to be provided Landlords must offer tenants a proportionate reduction in rent payable in the […]
Personal Property Security Register Reminder
Contact: John Irvine or Mark Poretti 30 January 2019 marked the seventh anniversary of the commencement of the Personal Property Security Act 2009 (Cth) (‘the Act’) and the accompanying Personal Property Security Register(‘PPSR’). This is also the date that registrations on the PPSR began to expire. Failing to renew existing registrations on the PPSR can have serious […]
“Company Title” and what it means for you
Contact: John Irvine or Jacob Powell Company title is a form of quasi-strata ownership resulting in a ‘contractual’ right to exclusive occupation of a property, as opposed to a “proprietary” right of ownership. The main difference being that owners are not the “registered proprietors” of their parcel of land or unit but instead, owners purchase shares […]
Tracking Company Directors to Combat Phoenixing Practices
Contact: Mark Poretti On 1 October 2018, Treasury announced a suite of proposed reforms to the multiple business registers currently administered by the Federal Government. Amongst these reforms, Treasury has included an amendment to the Corporations Act 2001 (Cth) introducing a “Director Identification Number” requirement (DIN Scheme). The DIN Scheme is the latest Federal Government […]
A Matter of Phoenixing or Tax Revenues?
Contact: Maurice Falcetta Reform of the Australian insolvency law has recently gained increased momentum. September 2017, saw the introduction of the “safe harbour” laws seeking to provide a degree of protection to directors when faced with difficult times. While this is the case, the Federal Government has also announced a package of reforms targeting directors and […]