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BUNDLE

Leases, Mortgages, Business & Franchise (WA)

This bundle includes guides from the following three publications, as well as our Practice Management guide as an extra bonus! 


Recent updates can be viewed on Obiter - our blog. 


1. Leases


A guide to negotiating and drafting retail, commercial and rural leases including assignment, termination, transfer and other related transactions. The commentary covers the Retail Leases Act requirements and key practical issues in leasing such as bank or personal guarantees, interruption, outgoings, repairs, renewals, registration and subleases.


Precedents include commercial and retail leases in plain English, agreements to lease, disclosure statements, licences, a library of additional clauses and notices, appropriate letters and all that is required for the quick and accurate production of leases and advice to landlords or tenants. Our comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.


Some of the most popular precedents in this publication include:



  • Advice to parties reviewing a lease

  • LEASE - Retail - Annexures A and B

  • LEASE - Commercial industrial - Annexures A and B

  • Deed of assignment of lease

  • Reply to lessor's solicitor returning executed lease

  • Notice to Owners Corporation


2. Mortgages


Use this comprehensive and practical guide to prepare loan agreements, mortgages and guarantees for most of the transactions required in general practice.


The detailed commentary includes information on the formal requirements for identification of parties, execution, registration and enforcement.


Some of the most popular precedents in this publication include: 



  • Notice to owners corporation section 22 notice

  • Letter to discharging mortgagee requesting discharge

  • Mortgage linked loan agreement

  • Standard terms document - Registered memorandum AJ843928

  • Acknowledgement of receipt of memorandum

  • Authority to complete documents and satisfy requisitions

  • Direction to pay

  • No security loan agreement

  • Letter to mortgagor's solicitor submitting documents


3. Business & Franchise


These guides and precedents include everything that is needed to successfully execute the sale or purchase of a business in Western Australia.


The By Lawyers Uniform Contract for the Sale of Business is also included in this guide. The uniform contract has been designed to take both parties through the transaction and covers everything from warranties by seller shareholders, guarantees by buyer shareholders, the completion deliverables to effectively release PPSR security interests, to the transfer of all of the business assets including copyright works, trade marks and supplier contracts.


The By Lawyers uniform contract also follows the ASIC requirements for the transfer of business names and allows the user to customise the competition restraints to ensure that they are enforceable and suited to their client’s circumstances.


The Commentary compares different business structures, sets out the tax consequences of sale price apportionment, explains the tax treatment of stock and business assets, long service leave and other employee entitlements and discusses many other issues that can arise in business conveyancing such as the role of the premises landlord and franchising.


Some of the most popular precedents included in this publication:



  • Retainer instructions: Sale or Purchase of Business

  • Uniform contract for sale of business

  • Letter to buyer's solicitor submitting contract

  • Letter to seller's solicitor with contract for exchange

  • Direction to pay to buyer's solicitor

  • Order on agent

  • Notice to complete

  • Direction to pay to incoming mortgagee

  • Summary of relevant considerations

  • Letter to seller's solicitor raising requisitions



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