Confidentiality agreements are commonly used in the initial stages of commercial transactions, including the sale and purchase of properties, in order to allow a party to disclose sensitive information whilst having the comfort that the receiving party is legally obliged to keep this information confidential. Arena Law can help you draft your confidentiality agreement to ensure that you have a legal avenue to rely upon for any unauthorised disclosure of confidential information.

A heads of agreement is typically a short form document that summarises the agreed terms of a contractual transaction. A heads of agreement is entered into by the parties before the formal contract documents are drafted. The team have vast experience in drafting and negotiating heads of agreement in respect of various types of property transactions.

An option agreement provides a buyer with the right to enter into a contract to purchase a property at a later point in time in exchange for payment of an option fee – these agreements are referred to as call option agreements and the buyer must pay a call option fee to obtain its call option right. Option agreements may also be drafted so as to provide the seller the right to require the buyer to enter into a contract to purchase a property at a later point in time in exchange for payment of an option fee – these agreements are referred to as put option agreements and the seller must pay a put option fee to obtain its put option right. Option agreements may include either or both of call options and put options. Arena Law has extensive experience in drafting and negotiating call option agreements, put option agreements and put & call option agreements to suit various property transactions.

A development management agreement might be best suited for a development project even if you are not developing a vacant site. When considering a development matter the team at Arena Law will, in conjunction with you, will think through all permutations and deliver a document that best suits the particular transaction. A development management agreement can incorporate project administration matters as well as deal with project control group meetings and provide clarity on who is responsible for delivering the completed project.

Property sale and purchase contracts need to incorporate all the intricate details of the property transaction and there is no better team than Arena Law to consider these requirements. Arena Law has an extensive knowledge base in drafting and negotiating all aspects of property sale and purchase contracts, including bespoke special conditions required to meet a client’s specific needs.

It’s important to ensure that business sale and purchase contracts cover all details of the business sale transaction and Arena Law can assist you with that process, from drafting the contracts, to dealing with any leases and to assisting with the settlement of the transaction. The solicitors at Arena Law have worked on a wide variety of business sale and purchase transactions and they have the background to assist you with a successful transaction.

Due diligence refers to the searches and enquiries undertaken by a purchaser in order to comprehensively investigate the relevant property. Conducting due diligence in a thorough and timely way is at the core of ensuring that your acquisition has the foundations needed for it to succeed. Arena Law can conduct legal due diligence in all types of acquisitions, including a range of property and business acquisitions, giving you peace of mind that what you are acquiring has real value.

All property and business sale and purchase transactions require conveyancing services to finalise and complete the transaction. Arena Law has the experience to assist you ensure your property or business sale or purchase is completed efficiently and on time, including by way of PEXA (where applicable).

The term “service agreements” encompasses a variety of services, such as property management services, facilities management services and the provision of repair and maintenance services. Our team have extensive experience in preparing and reviewing service agreements for a variety of service contractors and the recipients of those services. The team at Arena Law can ensure that the terms of the service agreement clearly outline the nature of the services, the manner in which those services are to be provided and include protections for both the service contractor and the recipient of the services.

We have expertise in preparing and reviewing a variety of general commercial documents to ensure they adequately protect your interests, efficiently carry out the commercial goals you are seeking to achieve and are commercially viable, to assist you maximise the profits from your endeavors.

A lease proposal is typically a short form document that summarises the agreed terms of a new lease or an extension of an existing lease. A lease proposal is entered into by the parties before the formal lease documents are drafted. The team have vast experience in drafting and negotiating lease proposals in respect of various types of lease transactions.

An agreement for lease is a binding document between a landlord and a tenant that provides for the parties to enter into a lease that commences at a later point in time subject to the satisfaction of certain pre-conditions, which may include the completion of works required to be undertaken by the landlord. Arena Law has extensive experience in drafting and negotiating agreements for lease in respect of various types of lease transactions.

A commercial tenancy agreement is sometimes used in short term leasing arrangements instead of the parties entering into a commercial lease. There are limited situations where we would recommend that the parties enter into a commercial tenancy agreement. Our experienced team at Arena Law can assist you in deciding whether entering into a commercial tenancy agreement is the right option for you.

Not all leases are the same. Commercial, industrial and retail leases are generally all very different documents, and the terms can vary greatly depending on the nature of the property. When preparing leases, it is essential that the terms of the lease are tailored to the relevant transaction. Arena Law takes the time to understand the property and the end goals of the parties to ensure that the final documents accurately reflect the agreement between the parties.

Commercial Leasing

Commercial leasing will usually encompass leases of office space and may also include medical offices. Arena Law has extensive experience in drafting and negotiating a wide array of commercial leasing arrangements and has the skillset to ensure that the documents drafted meet your needs.

Industrial Leasing

Arena Law has experience in dealing with a wide range of industrial sites, from farms and warehouses to factories and hardstand areas. We understand the issues that arise from leasing industrial developments, and that as the particulars of each site can vary dramatically, so will the lease terms.

Retail Leasing

From small strip malls to large shopping centres, the team has experience in retail leasing of all sizes and values and can assist in all stages of the leasing process whether it be entering into a new lease, varying an existing lease or terminating or surrendering an existing retail lease. Arena Law also has extensive experience in working closely with property managers in the day-to-day management of the property to ensure that all parties are complying with their relevant obligations.

Landlords of retail premises must comply with the retail leasing legislation in each State and Territory. The legislation imposes certain obligations on landlords to disclose information to prospective tenants before a retail lease can be entered into. In contrast to commercial leases, the legislation also prescribes certain clauses that a retail lease must or must not have. Our team at Arena Law can assist you in the preparation of the mandatory lessor, lessee, assignor or assignee disclosure statements, as well as help you ensure that your lease complies with the relevant legislation. Failure to comply with the legislation can, in some circumstances, result in a tenant having a right to terminate its lease.

A right of entry deed is usually entered into in order to grant a third party a right to enter into possession of a premises the subject of a lease upon a certain event occurring. For example, a bank that has financed fitout would usually require a right to enter into possession of the premises in the event that the tenant failed to make repayments to the Bank. We are experienced in ensuring that the terms of the right of entry deed adequately protect the rights of the landlord whilst still being commercially viable for the tenant and the third party.

An assignment of lease takes place when a tenant wishes to transfer its interest in a lease to a new tenant. Whether you are a landlord, tenant or the assignee, Arena Law can assist you in understanding your rights and obligations when there is a proposed assignment of lease, including reviewing the lease, and preparing the relevant transfer documents or deeds of consent.

A sublease takes place when an existing tenant leases all or part of their leased premises to a new tenant. The original tenant is still responsible under the original lease and usually needs to obtain the consent of the landlord to grant the sublease. Arena Law can assist you with reviewing or preparing proposed subleases, consent documents or other related sublease documents.

A variation of lease (also known as an amendment of lease) is a document used to change the term, rent or other provisions of the lease. Variations of lease are commonly used where a tenant has exercised an option in the original lease and the parties wish to document the term and the rent after a market rent review has determined the rent. A variation of lease is also used at times to delete or add new clauses to the lease. Our team can assist you in preparing these documents in a practical and timely manner.

The team at Arena Law understand that there are times in the life of a lease where a dispute may arise. Some common lease disputes that may arise relate to market rent reviews, repair and maintenance issues, failure to pay rent and terminating leases. Our team have substantial experience interpreting terms of leases and can advise you on your legal rights.

A surrender of lease is a type of document used when both parties agree to end the lease early. A surrender of lease can document the conditions the parties must comply with before the lease comes to an end. Common items addressed include “making good” the premises, payment of a settlement fee or the requirement to enter into a new lease. Our team at Arena Law can help prepare or negotiate the terms of a surrender of lease for you.