Swale Joins New Team
Adelaide law firm Commercial & Legal has poached the head of Minter Ellison’s real estate practice in South Australia. Adrian Swale has joined the firm as senior lawyer and client services manager after close to 37 years at Minter Ellison, where he specialised in commercial property development and transaction advice.Commercial & Legal principal partner Elias…
The Critical Role of Business Succession Planning: Protecting Your Company’s Future
By Peter Berekally Business succession planning is a crucial yet often overlooked aspect of business management. It involves establishing a clear and well-considered strategy for transitioning ownership and control of a company to a successor, whether due to retirement, disability, or death. Succession planning ensures the continuation of a company’s operations, preserves its value and…
Industrial Manslaughter: New Laws Could Put Employers Behind Bars
Article by Nicholas Graham Industrial manslaughter may soon become a criminal offence under South Australian law, per a promise made by the Labor Government to minimise the number of avoidable deaths and workplace injuries. If the proposed changes to legislation are passed, the office will apply to both persons conducting a business or undertaking and…
The Shortfall Pitfall and How to Avoid It
Article by Nikki Johnston As a result of the advent of electronic conveyancing via platforms like PEXA, Conveyancers no longer must navigate the complications of cheque directions to an incoming mortgagee, time constraints, and the potential risk of spelling errors or incorrect amounts on the day of settlement. We are, however, facing a new issue;…
The Future of Sunset Dates in Off-the-Plan Contract
Article by Elias Farah & Erin Freebairn What is a Sunset Date? You would be aware of properties sold “off-the-plan” when looking at projects comprising apartments, and more recently when involving new homes (often townhouses). Buying off-the-plan is when a buyer enters a contract to acquire property prior to completion or construction of the dwelling…
Buyer’s remorse – cooling off in domestic building contracts
Article by Nicholas Graham When your house build does not go to plan With supply chain issues and difficulties for builders to effectively program construction works becoming the new norm, it is imperative that builders and building owners alike are familiar with the circumstances that clients can cool-off on their building contracts. What happens after…
Distraint of Goods: A self-help remedy for commercial Landlords
An article by Graham Hall South Australian commercial landlords should be aware of this practical self-help remedy to recover rental arrears from a defaulting tenant – the right to distrain. COVID-19 has not made life any easier for many commercial tenants and a landlord may find themselves with a defaulting tenant from time to time…
OPERATING A BUSINESS WHEN BORDERS OPEN
With Australia’s State borders opening (South Australia from Tuesday 23 November 2021) along with the resumption of international travel, Commercial & Legal, Partner Nicolas Graham states, “all businesses are having to review the way they operate and connect with their customer base and clients to ensure they remain viable as we adjust to a ‘COVID…
Legal disputes set to rise in 2022
As the nation opens from COVID, with property investment and development on a high, and recent indicators reflecting low levels of small business collapses; lawyers are experiencing an upsurge in contractual disputes from the construction industry and small business in particular; with the expectation disputes and litigation will continue to rise well into next year.…
Fund Through Transactions – The New Black
Property investors are finding new and innovative ways to maximize their return on their investments. One strategy which we are seeing used more often recently is a ‘fund-through’ transaction. A fund through is a transaction where a property owner secures construction finance for a development from an investor who will take over ownership of the…