Warehouse / Industrial Lease Agreement (Australia)

Create a comprehensive Australian Commercial Lease Agreement covering permitted use, rent and GST, CPI and market rent reviews, outgoings, bank guarantee, make good obligations, assignment conditions, insurance requirements, and option to renew. Compliant with state-specific Retail Leases Acts (NSW, VIC, QLD, WA, SA) and the GST Act 1999.

A Lease Renewal Agreement is a written document signed by a landlord and tenant that extends an existing residential tenancy for a further period on agreed terms. In Australia, the rules governing lease renewals — including the rights of each party at the end of a fixed-term agreement, the notice required, and the effect of renewal on the bond and other conditions — are governed by the residential tenancy legislation applicable in each state and territory. When a fixed-term tenancy agreement expires, several outcomes are possible. If neither party gives notice, the tenancy generally continues as a periodic tenancy (typically week to week or month to month) under the same terms as the original agreement, subject to any modifications required by the applicable Residential Tenancies Act. Alternatively, the landlord and tenant may agree to enter into a new fixed-term agreement — either a fresh tenancy agreement or a shorter renewal agreement — which records the agreed new rent, the new term, and any changes to the conditions of the original agreement. A written lease renewal agreement is preferable to simply allowing the tenancy to continue on a periodic basis, because it gives both parties certainty about the duration of the tenancy and the rent payable. For the landlord, a fixed-term renewal provides security of income and reduces the risk of the tenant giving short notice. For the tenant, a fixed-term renewal provides security of tenure and protection against arbitrary increases in rent during the renewal period (subject to the applicable legislation's restrictions). Under the Residential Tenancies Act 2010 (NSW), the Residential Tenancies Act 1997 (VIC), and the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), a lease renewal is treated as a new fixed-term agreement for the purposes of the Act. The standard terms implied by the Act apply to the renewal, and any term of the renewal agreement that is inconsistent with the Act is void to the extent of the inconsistency. This means that mandatory provisions — such as the bond lodgement requirements, the landlord's maintenance obligations, and the rent increase restrictions — apply to the renewal in the same way as they applied to the original tenancy. Regarding the bond, the bond paid at the start of the original tenancy continues to be held by the relevant state authority — such as NSW Fair Trading, the Residential Tenancies Bond Authority (RTBA) in Victoria, or the Residential Tenancies Authority (RTA) in Queensland — for the duration of the renewal. The landlord generally does not need to lodge additional bond money unless the rent has increased to a level that would justify a higher bond amount under the applicable Act. In NSW, the maximum bond is equivalent to four weeks' rent, so if the new rent is significantly higher, the landlord may be entitled to request a bond top-up. If a rent increase is included in the lease renewal, the landlord must comply with the notice requirements of the applicable Act. In most Australian states, at least 60 days' written notice is required before a rent increase takes effect, and rent may not be increased more than once in any 12-month period. A lease renewal document should not be used as a mechanism to impose a rent increase without first ensuring that the required notice has been given. For properties in New South Wales, landlords should also be aware that Part 3 of the Residential Tenancies Act 2010 sets out the mandatory terms that apply to all residential tenancy agreements — including renewals — such as the landlord's obligation to maintain the premises in a reasonable state of repair and the tenant's obligation to keep the premises reasonably clean. This lease renewal agreement template is designed to help landlords and tenants in all Australian states and territories document the renewal of a residential tenancy in a clear, legally sound manner. It should be adapted to reflect the specific requirements of the state or territory in which the property is located, and parties should seek advice from their state's tenants advisory service or a solicitor if they have questions about their rights and obligations under the applicable legislation.

Create a comprehensive Australian Lease Assignment Agreement for the transfer of a commercial, retail, or residential lease from an outgoing tenant (assignor) to an incoming tenant (assignee). This template covers all key aspects of a lease assignment under Australian property law, including landlord consent, the consideration (lease premium or goodwill payment) payable to the assignor, the release or continuing liability of the assignor, security deposit arrangements, assignor warranties, and stamp duty responsibility. Suitable for NSW (Conveyancing Act 1919), VIC (Property Law Act 1958), QLD (Property Law Act 1974), and all other Australian states and territories. A lease assignment is one of the most significant transactions in commercial property law. When a business changes hands, a tenant relocates, or a lease needs to be restructured, the assignment of the existing lease is often the most commercially efficient way to deal with the unexpired lease term. An assignment transfers all of the tenant's rights and obligations under the existing lease to the incoming tenant, who steps into the shoes of the outgoing tenant and must perform all of the tenant's obligations from the assignment date until the lease expires. Under Australian property law, most commercial and retail leases require the landlord's prior written consent before the lease can be assigned. The landlord's right to withhold consent is not unlimited — under the Retail Leases Acts in NSW, VIC, and QLD, a landlord cannot unreasonably withhold consent to an assignment of a retail lease. The landlord may, however, impose reasonable conditions on consent, such as requiring the incoming tenant to provide a new bank guarantee, enter into a deed of covenant directly with the landlord, or demonstrate financial capacity to meet the lease obligations. One of the most critical issues in a lease assignment is whether the outgoing tenant (assignor) is released from all future obligations under the lease after the assignment takes effect. Under Australian common law, an outgoing tenant who assigns a lease is not automatically released from liability — if the incoming tenant defaults, the landlord may pursue the original tenant for the outstanding obligations. A formal release by the landlord, documented in the assignment agreement, is the only way for the outgoing tenant to achieve a clean break. This template includes a detailed release clause and a corresponding 'no release' alternative, depending on what the parties have negotiated. The consideration (or lease premium) payable by the incoming tenant to the outgoing tenant for the assignment is a common feature of commercial lease assignments, particularly where the lease contains below-market rent, valuable options to renew, or where the assignment forms part of the sale of a business. The consideration may be subject to stamp duty in some Australian states — this depends on the state, the amount of the consideration, and whether the lease is a dutiable instrument in that state. The template includes a stamp duty clause allocating responsibility between the parties, but parties should obtain specific advice from the relevant state revenue authority or a solicitor. For retail leases, the assignment process is subject to additional requirements under the applicable Retail Leases Act. In New South Wales, the Retail Leases Act 1994 (NSW) provides that a landlord cannot unreasonably withhold consent to an assignment and sets out specific grounds on which consent may be withheld (such as the proposed assignee being of insufficient financial capacity or proposing a use that is inconsistent with the permitted use under the lease). Similar provisions exist in Victoria and Queensland. Landlords who withhold consent without reasonable grounds may be liable to the outgoing tenant for any resulting loss. The assignor warranties section is designed to protect the incoming tenant from taking over a lease that is already in breach. Standard warranties given by the outgoing tenant include confirmation that the lease is current and in full force, that all rent and outgoings have been paid to date, that no notices of breach or termination have been received, and that no disputes are pending. If the assignor is unable to give these warranties, the parties should investigate and resolve any outstanding issues before the assignment proceeds. This template is designed for use by commercial solicitors, business brokers, property managers, and commercial tenants managing lease assignments throughout Australia.

An Australian Workplace Health and Safety (WHS) Policy is a formal document in which an employer commits to providing and maintaining a safe and healthy work environment for all workers and others affected by its activities. It sets out the organisation's WHS obligations under Australian law, defines the responsibilities of officers, managers, and workers, and establishes the systems and procedures the organisation will use to identify hazards, assess risks, and implement controls. The primary legislative framework governing WHS in Australia is the Work Health and Safety Act 2011 (Cth) (the WHS Act) and the Work Health and Safety Regulation 2017 (Cth) (the WHS Regulation), developed by Safe Work Australia as model legislation. As of 2026, the model WHS Act has been adopted by the Commonwealth, New South Wales, Queensland, South Australia, the Australian Capital Territory, the Northern Territory, and Tasmania. Victoria and Western Australia have separate but substantially similar legislation (the Occupational Health and Safety Act 2004 (Vic) and the Work Health and Safety Act 2020 (WA)). The central obligation on employers is found in s 19 of the WHS Act. A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers engaged by or caused to be engaged by the PCBU, and the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU. The 'so far as is reasonably practicable' qualifier requires the PCBU to weigh the likelihood and severity of a risk against the availability and cost of measures to eliminate or minimise it. Under s 27 of the WHS Act, officers of a PCBU (including directors and senior managers) have a positive duty to exercise due diligence to ensure the organisation complies with its WHS obligations. This includes acquiring and keeping up-to-date knowledge of WHS matters, understanding the operations and associated risks of the business, ensuring the PCBU has appropriate resources and processes to eliminate or minimise WHS risks, and verifying that those resources and processes are being used effectively. Workers also have duties under s 28 of the WHS Act. They must take reasonable care for their own health and safety, ensure their acts or omissions do not adversely affect the safety of others, comply with any reasonable WHS instruction given by the PCBU, and cooperate with any reasonable WHS policy or procedure. The WHS Regulation 2017 (Cth) supplements the WHS Act by providing detailed requirements for managing risks, including the hierarchy of controls: elimination, substitution, isolation, engineering controls, administrative controls, and personal protective equipment (PPE) as a last resort. Employers are required to consult with workers when identifying hazards, assessing risks, and making decisions about controls under Part 5 of the WHS Act. Notifiable incidents — including workplace fatalities, serious injuries or illnesses, and dangerous incidents as defined in ss 35 to 37 of the WHS Act — must be reported immediately to the relevant state or territory WHS regulator. The incident scene must be preserved until an inspector attends or authorises disturbance under s 39 of the WHS Act. Having a documented WHS Policy is a fundamental element of any effective WHS management system. It demonstrates the organisation's commitment to health and safety at the highest level, provides a framework for establishing WHS objectives and responsibilities, and supports compliance with the WHS Act and WHS Regulation. Employers with five or more employees are required to record significant findings of risk assessments in writing under the WHS Regulation. This WHS Policy is suitable for businesses of all sizes across all industries operating in Australia and should be reviewed at least annually, or whenever there is a significant change to operations, personnel, or legislation.

Create an Australian Office Fitout Agreement covering the scope of fitout works, approved builder and licence, commencement and Practical Completion dates, defects liability period, owner fitout contribution, development approval requirements, insurance, WHS obligations, defects warranties, make good at lease end, and dispute resolution. Compliant with the National Construction Code and state work health and safety legislation.