Commercial & Corporate Law

In South Australia, commercial leases are governed by the Commercial Leases Act 1995. At Beena Rezaee Legal & Migration, our team can provide you with advice related to the Act and its requirements.

Some of the key requirements under the Act are as follows:

• Leases must be for a minimum of five years, including any options of renewal
• The lessor must provide a disclosure statement before a lease is entered into
• Lessees part of a shopping centre have a preferential right of renewal when their lease expires
• Within three months after the end of each accounting period, the lessor must provide the lessee with a written report prepared by a registered company auditor which contains a statement of all expenditure for outgoings for that period where the lessee is required to contribute to those outgoings
• From 1 July 2020, the lessor or the person acting on behalf of the lessor must provide the prospective lessee with a copy of the Retail & Commercial Leasing Guide
• The lessee is normally responsible for repairs to the premises during the term of the lease, except in some circumstances such as in the instance of structural repairs.

If you need assistance with a commercial lease, please contact our office.

Building can be an exciting venture, but also one of the most important decisions you have to make. There are many months of negotiating, planning and development, so we understand the disappointment when things go wrong.

You should always get advice prior to entering into a building contract, as there are many traps you can fall into. It is important for you to understand your rights under a building contract as well as the builder’s obligations. Building contracts can be quite detailed and can be formed through multiple documents including the contract itself which contains the terms, quotes, the specifications sheet and plans. Builders may also sometimes ask you to enter into agreements for preliminary works to be performed in anticipation of a final building contract. Issues can also arise at this stage.

Legislation such as the Building Work Contractors Act 1995 seek to level the playing field between the builder and homeowner, however a power imbalance often still exists. Depending on the amount payable under the contract or preliminary works agreement, the Australian Consumer Law may also be applicable.

What are my rights and obligations under a residential building contract?

While the building contract is often the foundation of your rights and obligations in respect of the construction work, the contracts often receive little attention and are standard form. The importance of their terms are also sometimes glossed over and not properly explained or understood before entering into them.

Having a sound understanding of the contract terms is a critical starting point.

Most commonly, building disputes arise from:

• Delays in construction
• Quality of the product and services
• Practical completion and handover
• Construction defects
• Material and labour cost increases
• Building contract variations

If you find yourself in a dispute with your builder, it is important that you pause, think and seek legal advice before things get heated.

If you find yourself in a dispute with your builder, it is important that you pause, think and seek legal advice before things get heated.