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07 3844 1441

Drakos & Company Solicitors

Level 1, 170 Boundary St, West End, Brisbane QLD 4101

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Speak with our ​litigation solicitors today!

Contact us for a no-obligation discussion about your situation. 

Get Litigation Advice

Litigation Lawyers 

Tailored Litigation Strategies

Our experienced team helps our clients in a wide range of matters. This means we are privy to a myriad of dispute types. Our litigation team leader, Constantine Castrisos, have over 30 years experience navigating those various fields and helping clients deal with what is often a stressful situation.

Experienced Litigation Lawyers

As we have been operating for many years, we have well established connections to some of the best barristers and experts in the industry. Drawing upon these gives you the edge that can mean the difference to what may otherwise be a difficult and seemingly hopeless situation.

Family Law

Debt Recovery

Contract Enforcement

Alternative Dispute Resolution

Tribunal, Magistrate’s Court and Supreme Court representation

Planning and Environmental Court Appeal 

Land Resumption – Land Court 

  • Who should pay the Landlord’s legal costs for my lease?
    It is common for a tenant to be requested to pay the Landlord’s legal cost however be mindful that the Retail Shop Leases Act prohibits the Landlord from requiring that the Tenant pay for its legal costs associated with documentation relating to a new lease or any renewal of a lease.
  • How important is it to exercise a lease option for further tenure?
    It is extremely important for a Tenant and a Landlord for a Tenant to exercise an option for further tenure strictly in accordance with the Lease. Failure to adhere to the correct procedures in the Lease, including required notices within a given period or prior to a given date, will mean that the Tenant will lose its entitlement to the extra tenure. Many tenants and landlord seek legal advices to ensure the further tenure is properly secured.
  • Is registration of my lease important?
    Registration is more important for a Tenant than a Landlord. It provides the Tenant with surety that its lease must be acknowledged by other third parties that become the owner or controller of the property (such as a Buyer of the property or mortgagee in possession). If your lease is over three years (including options) in length then you should register it. It is also common for a Landlord’s mortgagee to require registration of leases.
  • Is a Retail Shop Lease all that different to a typical commercial lease?
    In Queensland, there is no ‘standard’ leases that must be used for commercial leases. This means all leases will be different and should be reviewed in full. The Retail Shop Leases Act provides the Tenant with certain protections and placed certain obligations upon Landlords, regardless what the Lease itself says. It is often useful to seek legal advices to understand those obligations and rights more fully as failure to be aware may result in compromise of the binding nature of a lease or some of its terms.
  • Are there requirements for entry condition reports in commercial or retail leases like there is with Residential Tenancy Agreements?
    Not in Queensland, no. However, it is a very good idea for the parties to generate and agree on an entry condition report to record entry condition of a Premises anyway. This will help avoid or settle arguments about vacating obligations when the Tenant comes to an end. Because each lease is somewhat different, it is always a good idea to seek legal advices about the obligations upon a Tenant when it comes time for the Tenant to leave the Premises.
Case Study: Negotiate a Deed of Settlement

David came to us wanting to commence legal proceedings against his tenant due to unpaid monies. Unfortunately, the Landlord/Tenant relationship had broken down leaving the parties unable to communicate amicably. After analysing David’s desired outcome and the Tenant’s circumstances we were able to effectively negotiate a Deed of Settlement whereby the Tenant agreed to repay all monies under a payment plan that accommodated the Tenant’s cash flow pressures. 

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