Commercial Lease Disclosure Statement (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.

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.

Create a comprehensive set of Strata By-Laws for an Australian strata scheme or owners corporation. This template covers all essential by-law topics including noise, parking, pets, renovations, common property use, rubbish and recycling, smoking, short-term rental accommodation, and enforcement procedures. The by-laws are designed to comply with the Strata Schemes Management Act 2015 (NSW), the Owners Corporations Act 2006 (VIC), and the Body Corporate and Community Management Act 1997 (QLD), as well as the equivalent legislation in Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. Strata by-laws are the rules that govern the day-to-day behaviour of owners, occupiers, tenants, and visitors within a strata scheme. They form a binding legal contract between the owners corporation (also called a body corporate in Queensland and some other states) and every person who owns or occupies a lot within the scheme. Well-drafted by-laws reduce disputes, protect property values, and ensure that the strata community functions harmoniously. This template addresses the most common sources of strata disputes in Australia. Noise is consistently the most reported by-law complaint across all states, and this template sets clear permitted hours for noise-generating activities such as music, power tools, and social gatherings. Parking rules specify the obligations of lot owners and occupiers regarding allocated spaces, visitor bays, and common property driveways, and address the growing issue of vehicle storage in shared areas. The pet by-law reflects recent legislative changes — particularly in New South Wales, where the Strata Schemes Management Amendment Act 2021 significantly curtailed the ability of owners corporations to impose blanket bans on pets. The template provides options for pet-friendly policies with appropriate conditions, as well as for schemes that wish to restrict pet keeping where permitted by the applicable legislation. The renovations and alterations by-law adopts the tiered approach introduced by the Strata Schemes Management Act 2015 (NSW), distinguishing between cosmetic works (which do not require approval), minor renovations (which require strata committee approval), and major works affecting common property or the building structure (which require a special resolution of the owners corporation). This approach balances the right of lot owners to improve their lots with the need to protect the structural integrity and appearance of the building. Short-term rental accommodation is an increasingly contentious issue in Australian strata schemes. The template provides options reflecting the current state of the law, including the NSW provisions under section 137A of the Strata Schemes Management Act 2015 that permit owners corporations to pass by-laws restricting non-hosted short-term rental accommodation. The enforcement section reflects the dispute resolution frameworks operating in each state, including the NSW Civil and Administrative Tribunal (NCAT), the Victorian Civil and Administrative Tribunal (VCAT), and the Queensland Civil and Administrative Tribunal (QCAT). The by-laws require written notice of breach before tribunal proceedings are commenced and encourage mediation as a first step in resolving disputes. Custom by-laws adopted under this template must be registered with the relevant state land titles office or strata regulator to be enforceable. In NSW, for example, by-laws must be registered with NSW Land Registry Services to have legal effect. It is strongly recommended that by-laws be reviewed by a strata solicitor or licensed strata manager before adoption and registration.

Create a professional Strata Levy Notice for an Australian strata scheme or owners corporation. This template generates a complete levy notice for lot owners covering the administrative fund levy, capital works fund levy, and special levies, together with payment details, interest on overdue levies, and dispute resolution information. Compliant with the Strata Schemes Management Act 2015 (NSW), the Owners Corporations Act 2006 (VIC), and the Body Corporate and Community Management Act 1997 (QLD). Strata levies are the contributions that lot owners are required to pay to the owners corporation (also called a body corporate in Queensland and some other states) to fund the operation, maintenance, and long-term capital expenditure of the strata scheme. Every lot owner has a legal obligation to pay levies in accordance with their lot entitlement and the levies resolved at general meetings of the owners corporation. Failure to pay levies is one of the most common causes of strata debt recovery proceedings in Australia. This template covers the two principal types of recurrent levies. The administrative fund levy covers the day-to-day operating expenses of the strata scheme, including insurance premiums for common property and the building, strata management fees, cleaning and maintenance of common areas, electricity for common area lighting and lifts, garden maintenance, accounting and auditing fees, and other recurring costs. The capital works fund levy (formerly known as the sinking fund in NSW prior to the 2015 Act) provides for long-term capital expenditure identified in the owners corporation's 10-year capital works plan, such as roof replacement, repainting of the building exterior, replacement of lifts, and other major infrastructure works. In addition to the two recurrent levies, the template includes provision for a special levy. Special levies are raised by resolution of the owners corporation at a general meeting to fund unexpected expenses or specific capital works projects that have not been provided for in the budgeted capital works fund. Common reasons for special levies include emergency repairs to common property, the settlement of insurance claims, funding for significant building defect remediation works, or other unbudgeted expenditure. The notice includes a detailed payment section specifying the owners corporation's bank account details (BSB and account number), the account name, and the payment reference to be used by lot owners. Clear payment references are essential in strata levy administration to ensure that payments are correctly allocated to individual lot accounts and that levy arrears can be accurately tracked. The interest on overdue levies section reflects the legislative framework in each state. In New South Wales, section 85 of the Strata Schemes Management Act 2015 (NSW) empowers owners corporations to charge interest on overdue levies at a rate not exceeding 10% per annum, provided this has been resolved at a general meeting. The levy notice makes clear that interest accrues from the specified grace period after the due date and that the owners corporation is entitled to recover overdue levies as a debt through the courts or the relevant state tribunal. The dispute resolution section advises lot owners of the steps they should take if they wish to dispute the levy amount or their liability, while making clear that a dispute does not suspend the obligation to pay. This is an important statement that reflects the legal position in all Australian states — levy obligations are not suspended by the mere assertion of a dispute, and lot owners must pay in full and seek credit or refund if the dispute is resolved in their favour. Strata managers, owners corporation committees, and individual lot owners acting as self-managed strata schemes can all use this template to generate professional, legally compliant levy notices for all states and territories across Australia.

A Property Management Agreement is the legal contract between a residential property owner (landlord) and a licensed real estate agent or property management company that authorises the agent to let and manage the owner's rental property on their behalf. In Australia, real estate agents who manage rental properties must hold a current real estate agent's licence issued by the state or territory licensing authority. Unlicensed property management is prohibited in all Australian states and territories. In New South Wales, the regulation of real estate agents and property managers is governed primarily by the Property and Stock Agents Act 2002 (NSW) (the PSA Act) and the Property and Stock Agents Regulation 2022 (NSW). The PSA Act requires that any person who carries on the business of a real estate agent or who acts as a real estate agent must hold a licence issued by NSW Fair Trading. Licensed agents must be covered by professional indemnity insurance, must maintain a statutory trust account for all money held on behalf of clients, and must comply with the mandatory obligations set out in the PSA Act, including rules about the maximum fees chargeable and the format of agency agreements. In Victoria, real estate agents and property managers are regulated by the Estate Agents Act 1980 (VIC) and the Estate Agents (General, Accounts and Audit) Regulations 2018 (VIC). Consumer Affairs Victoria administers the licensing regime. Victoria requires a separate agents' representative certificate for employees who carry out real estate functions under the supervision of a licensed estate agent. All rental trust money must be held in a dedicated trust account that is audited annually. In Queensland, real estate agents are regulated by the Property Occupations Act 2014 (QLD) and the Property Occupations Regulation 2014 (QLD), administered by the Office of Fair Trading. A similar licensing regime applies in Western Australia under the Real Estate and Business Agents Act 1978 (WA) and in South Australia under the Land Agents Act 1994 (SA). A key obligation under Australian property agent licensing legislation is the requirement that agents maintain all client money in a dedicated trust account held with an approved financial institution. Agents must not mix client funds with the agency's own funds, and must account to the owner for all money received and disbursed. Monthly rental statements must detail all receipts, disbursements, fees, and charges. In most states, trust accounts are subject to annual external audit requirements. The management fee is the principal ongoing charge under a property management agreement. In Australia, management fees are typically charged as a percentage of gross rent collected each month, rather than a flat fee. Market rates vary by state and property type, but are commonly in the range of 7% to 12% of gross rent collected plus GST in most Australian capital cities. In addition to the ongoing management fee, agents typically charge a letting fee (also called a tenanting fee) for finding and placing a new tenant, which is commonly set at one to two weeks' rent plus GST. The management agreement must also set out the scope of the agent's authority regarding maintenance and repairs. In most states, the applicable Residential Tenancies Act requires the landlord to maintain the property in a reasonable state of repair, and the agent acts as the landlord's authorised representative in coordinating repairs with tradespeople. To protect the owner from unauthorised expenditure, the agreement should set a maintenance authorisation limit — the maximum amount the agent can spend on a single repair without the owner's prior written approval — with a carve-out for urgent and emergency repairs required to preserve the safety of tenants or prevent serious damage to the property. The agent is also responsible for managing the bond. In New South Wales, bonds must be lodged with NSW Fair Trading within ten days of receipt. In Victoria, bonds must be lodged with the Residential Tenancies Bond Authority (RTBA) within ten business days. In Queensland, bonds are lodged with the Residential Tenancies Authority (RTA). The agent holds the bond in trust and is responsible for claiming against the bond (with the tenant's consent or a tribunal order) at the end of the tenancy for unpaid rent or damage beyond fair wear and tear. This template is designed for the management of residential rental property in any Australian state or territory. Both the owner and agent should carefully negotiate and document the fee structure, the scope of the agent's authority, and the termination provisions before signing. The agreement should be reviewed by a solicitor familiar with the applicable state legislation to ensure compliance with any mandatory terms imposed by the PSA Act (NSW) or equivalent state legislation.