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New Lease Details
South Australia only
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Lease4Me password
Use this form when you don't want to prepare the lease yourself.
This form only needs minimal information from you. We will search the title and companies etc. and prepare the lease for you from this information. It is slower and more expensive than our instant fully automated service.
Your details
Your name
What would you like to be called
Name of your business (if any)
Type of business
Real estate agent
Accountant
Lawyer
Conveyancer
Other
Is this to formalise a lease between your client and their own superannuation fund?
Yes
No
Your street address
Your postal address
Email
Phone
Email
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Password link
Admin Only
Admin Only
Law firm ID
User ID
Where is my menu? You only see this when you have completed most of the form. I can't have you skipping over any important parts.
There is no obligation on either of us until you agree to my Terms on the last page and ask me to prepare your documents.
Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
You must only use this service for common commercial and industrial premises in South Australia
Premises suitable for lease
Yes, that describes these premises and none of the exceptions apply
No, these are different premises or one of the exceptions applies
Exceptions
:
This will not be a typical lease if it involves a lease or premises:
•
of any other kind or outside that State
•
that include any residential accommodation in them
•
that include any land title that is vacant land
•
that are used for agriculture
•
that require a special licence (such as a liquor licence or water licence)
•
are used for purposes that may be illegal, dangerous to others or a danger to the premises
•
where the Landlord provides services to the Tenant (serviced offices for example)
•
where the lease is conditional on something else (eg council planning approval or bank finance)
•
involves a sub-lease or a franchise
•
where there is any doubt about the Landlord’s authority to lease the premises
•
where a lease has been promised to someone else
•
where there may be arguments about who owns any fixtures or fittings or about the area that is leased
•
where the terms may be considered unreasonable or contrary to Australian Consumer Law or the premises are not in good repair
•
where the total term exceeds 15 years
•
where the landlord or tenant are to make major changes to the premises
•
where it is a lease of the whole property in one Certificate of Title, but the Landlord has a number of Titles together that he treats as making up one common group of premises
•
where any building work has not yet been completed
Error!
This won't proceed as a standard lease. Please email me at andrewr@minotaurlaw.com.au to explain your situation and what you want. You can still use the form to complete the general details, but I won't prepare anything until we have worked out what you need.
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Landlords
First Landlord
Full name
ACN for Companies
Name of Trust & Role
Examples: as Trustee for the XYZ Family Trust or as Bare Trustee for
....
In South Australia, it is quite rare for leases to be registered. However, should this lease undergo registration, the Land Titles Office (LTO) prohibits the inclusion of any trust names. Despite this, many users prefer to mention the trust or superannuation fund's name in the document to clarify that the specified Landlord is acting on the trust's behalf. You are free to include the trust or superannuation fund's name if you wish.
Address
Second Landlord
Full name
ACN for Companies
Name of Trust & Role
Examples: as Trustee for the XYZ Family Trust or as Bare Trustee for
....
Address
Third Landlord
Full name
ACN for Companies
Address
Fourth Landlord
Full name
ACN for Companies
Address
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Tenants
- guarantees appear later
First Tenant
Full name
ACN for Companies
Name of Trust & Role
Examples: as Trustee for the XYZ Family Trust or as Bare Trustee for
....
In South Australia, lease registration is an uncommon occurrence. If this lease were to be registered, the Land Titles Office (LTO) disallows the inclusion of trust names. Even though some Tenants occasionally request the trust name to be mentioned in the document, you have the option to include it if desired. However, I generally advise against doing so, as it may potentially limit the liability of the Tenant named in the Lease.
Address
Second Tenant
Full name
ACN for Companies
Name of Trust & Role
Examples: as Trustee for the XYZ Family Trust or as Bare Trustee for
....
Address
Third Tenant
Full name
ACN for Companies
Address
Fourth Tenant
Full name
ACN for Companies
Address
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Leased Premises - South Australia only
Are the leased premises
The whole of a Certificate of Title
Only a part of a Certificate of Title
Shops, offices and industrial units are often grouped together on one title. Larger premises or stand alone buildings are more often on their own title.
Street address
Lettable area in square metres
This is the whole of the area that they are leasing. If it includes building and outside areas then it is the total of all of this.
Shop / Office / Unit
Upload a plan of the premises that are being leased
Select Plan File
Change
×
If you don't have a plan, you can do a screen print of the whole of the land and mark on that the leased area. Email it to me if you have trouble with the uploading.
Certificate of Title
If you know these details - I will look them up if you don't know
Title 1 Volume
Title 1 Volume
Title 1 Folio
Title 1 Folio
Title 2 Volume
Title 2 Volume
Title 2 Folio
Title 2 Folio
Title 3 Volume
Title 1 Volume
Title 3 Folio
Title 1 Volume
Mortgages & Encumbrances
I always search a copy of the Certificate of Title from the LTO. This will give me the details of any mortgage or other registered encumbrance. There is no need for you to provide that information. I will contact you if I have questions about this.
Permitted Use
What is the Tenant allowed to use the premises for
You can be as specific or as general as you like. Retail or something more detailed like florist. Office or Insurance Agency. Light industry or Motor Mechanic.
Shopping Centre
Are the Leased Premises part of a Shopping Centre?
Yes, they are in a Shopping Centre
No
Name of Centre
Info.
For the purposes of the Retail & Commercial Leases Act, a Shopping Centre only needs 5 shops and must be promoted as, or generally regarded as, a shopping centre, mall, court or arcade.
See details in Section 3
.
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Term
Initial term
Date lease starts
How long is the lease for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date lease ends
Options for the Tenant to renew the lease
How many options
One option to renew
Two options to renew
Three options to renew
Four options to renew
Five options to renew
First option
Date first option starts
How long is option 1 for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date first option ends
Second option
Date second option starts
How long is option 2 for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date second option ends
Third option
Date third option starts
How long is option 3 for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date third option ends
Fourth option
Date fourth option starts
How long is option 4 for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date fourth option ends
Fifth option
Date fifth option starts
How long is option 5 for
Uneven length of time
One year
Two years
Three years
Four years
Five years
Six years
Seven years
Eight years
Nine years
Ten yerars
More than 10 years
Describe that in words
Date fifth option ends
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Rent
Regular equal payments of rent
Initial annual rent
Rent in words
rent monthly hidden
Just checking. That is [field_1623662494942_173] payable by equal monthly payments of currencyformat([field_1623663041693_175],'$').
Yes, that is right - equal monthly payments
No, it is more complex
If you are giving a rent holiday then still please insert what a full year's rent would have been and ignore the discount you are giving.
Does this number include GST?
No, I have not added on anything for GST
Yes, this includes an amount for GST
Info.
In the lease, I use the rent amount that excludes GST. I ask these questions to confirm I have the correct figure. I also state that if the Landlord is registered for GST, the Tenant will be responsible for paying the GST in addition to the rent. This ensures that the Tenant is not charged GST if the Landlord is not registered. However, if the property is sold, the new owner may charge GST moving forward.
Day the rent is to be paid
First day of each month
On the Commencement Date of the lease then on that same day each month
Rent holidays or the some time rent free
Please describe what concession you are giving the Tenant. How long does it go for? Is it full rent free or do they pay half rent? Do they pay rates and taxes and other outgoings during this period?
Rent holiday details
Rent not paid by regular equal instalments
This is for Tenants who don't fit into the first part of this page.
What rent do they pay each month. Does this include GST? After a while does it settle down to regular equal monthly instalments? When is this and what do they pay then? Does this affect their payments of rates and taxes and other outgoings all the time or does this change too?
Rent details
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Rent Reviews
Explanation
Most Landlords review rent each year. Our common methods are:
According to movements in C.P.I. - sometimes plus a margin such as an extra 2%
Market Value - what similar properties are leasing for in the area at that time
Fixed set amounts that are agreed from the start - perhaps a lower rent in years 1 and 2 then a full rent later on.
Increases by a set percentage each year.
The most common review is C.P.I. adjustments each year, except when the Tenant has the option to extend the lease when Landlords usually ask for a review to Market Value.
What rent reviews do you want
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Rates and taxes and outgoings
Rates and taxes
are items that are charged just on the Leased Premises - such as Council Rates.
Outgoings
are expenses associated with the whole property. Such as insurance and Emergency Services Levy.
There is a list on the next page of what these expenses might be.
In this lease who pays most of the rates, taxes and outgoings?
Tenant (Net Rent)
Landlord (Gross Rent)
Is there anything that you want to specially mention that the Landlord or the Tenant is to pay?
Is there anything that you want to specially mention that the Landlord or the Tenant is to pay?
The usual arrangement is that the Tenant pays 100% of anything that is specifically rated or charged just on the Leased Premises and a fair share of the expenses of the whole property.
What share does the Tenant pay of the expenses of the whole property?
What share does the Tenant pay of the outgoings (the expenses of the whole property)?
How and when are these paid
Explanation
The most common arrangement is that the Landlord estimates what the expenses will be for the following year and divides this into 12 instalments. The Tenant then pays this instalment at the same time that he pays the rent.
At the end of the financial year the Landlord calculates how much it really did cost and whether the Tenant has paid too much or too little. The Landlord then estimates expenses for the next 12 months and the Tenant starts paying that new amount.
The alternative is that the Tenant pays the bills as they each become due. Tenants are less reliable in paying this way as they can get hit with a few big expenses in some months.
The Tenant shall pay rates and taxes and outgoings
Monthly based on an annual estimate
As each bill comes in
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Figures for Disclosure Statement
These are your estimate of what the Tenant will pay in the first year of the lease for rates and taxes and other outgoings.
Based on your answers so far we expect that all of these items will remain blank. The items that the Tenant has to pay to other people such as electricity is not included here.
This is a list of
all
amounts that the Tenant has to pay
to the Landlord
each year in addition to the rent. That includes payments on behalf of the Landlord
;
such as paying rates directly to the council.
This part of the form is
not
intended to explain what parts the Landlord or the Tenant is to pay. That should already have been explained in your choices on the Outgoings page.
Warning!
If you have an item for this table but you have not included it in the earlier Outgoings page, then please return to that page to add this.
Use your best estimate if you do not have an accurate figure for any item.
State the amount that the Tenant is to pay. If the Tenant pays half of the Council Rates and these are $10,000 in total each year, then enter 5,000.00.
Please work out the numbers on an annual basis (if you pay something quarterly then multiply it by four).
Only enter the numbers that the Tenant is to pay. Please do not enter any words. Do not enter the proportion (eg "quarter share") - just the amount they pay.
Just type the numbers and our $ symbol is inserted.
Warning!
If you have an item for this table but you have not included it in the earlier Outgoings page, then please return to that page to add this.
You stated earlier that this is a Gross Rent lease (the Landlord pays all the outgoings). We expect this page to be blank.
You stated earlier that this is a Gross Rent lease (the Landlord pays all the outgoings). We expect this page to be blank aside from the special exceptions that you said the Tenant was to pay.
These were [field_1346250304658_1131] [field_1346250443705_1137] [field_1346250509970_1143] [field_1346250568599_1149] [field_1346250602927_1155] [field_1343373570514_588] [field_1343373749013_591] [field_1343373753748_601] [field_1343373757075_611] [field_1343373761467_621]
Category of outgoing
Tenant's annual liability
Local government rates & charges
Local government rates & charges
Emergency Services Levy
Emergency Services Levy
Electricity
Electricity
Gas & oil
Gas & oil
Water & sewerage rates & charges
Water & sewerage rates & charges
Sewerage disposal & sullage
Sewerage disposal & sullage
Energy management system
Energy management system
Air conditioning / ventillation
Air conditioning / ventillation
Building intelligence & emergency systems
Building intelligence & emergency systems
Fire protection
Fire protection
Security
Security
Lifts & escalators
Lifts & escalators
Public address / music
Public address / music
Signs
Signs
Public telephones
Public telephones
Insurance
Insurance
Pest control
Pest control
Uniforms
Uniforms
Car parking
Car parking
Child minding
Child minding
Gardening
Gardening
Cleaning
Cleaning
Audit fees
Audit fees
Management Costs
Management Costs
Maintenance & repair
Maintenance & repair
Strata or Community Levy
Strata or Community Levy
Other items not included in above list
Description
Tenant's annual liability
Describe additional item 1
Additional item 1 amount
Describe additional item 2
Additional item 2 amount
Annual total
Include Shopping Centre Pages
Yes
No
PDF Value (lease test)
I
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Shopping Centre information for Disclosure Statement
Name of Shopping Centre
Address of Shopping Centre
Same address?
Click here if the address of the Centre is the
same as the address for the whole of the Land
Address
Address: [field_1465475584178_3368] [field_1465475584178_3367] [field_1408110238018_1903] [field_1465475584182_3369] [field_1465475584182_3370]
Shops in Shopping Centre
Total number of shops
Total lettable area of shops
Parking facilities at Shopping Centre
Number of parks for customers of leased premises
Number of parks for Tenant and their employees
Shop fitting or refitting obligations
Are there shop fitting or shop refitting obligations in the lease
Yes
No
Other than the requirement to fitout for their own purposes,- what requirements are there
Facilities and services provided by Landlord
Landlord provides any of these
Yes
No
DS SHC ldld serv
Proposed changes to Shopping Centre
Are changes proposed
Yes
No
DS SHC prop changetxt
Core Trading Hours
Core Trading hours
Current Tenant Mix
DS Shc tt mix
Are any changes proposed
Yes
No
DS Shc tt mix changes
Introduction of competitor
Is the Tenant assured that the current tenant mix will not be altered to their disadvantage by the
introduction of a competitor
assured that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.
Yes
No
Tenant Association
Is there a Tenant Association
Yes
No
Details of the nature of the tenant association for the centre, voting rights of members and the contributions payable by the members.
Advertisement etc. of Shopping Centre
Does the Tenant have to contribute towards the cost of advertising and promoting the Shopping Centre
assured that the current tenant mix will not be altered to the lessee's disadvantage by the introduction of a competitor.
Yes
No
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Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Security
Explanation
How do you secure payments by the Tenant and that they look after the premises and then leave them in good order when they leave? This is particularly a problem when the Tenant might not be worth suing because they don't own much or don't care if they are bankrupted or liquidated.
Common methods are a
cash bond
(which is held by the Commissioner of Small Business) in an amount up to 3 months of rent. Or a
Bank Guarantee
. This is not limited to 3 months of rent. The Tenant pays their bank to give a written guarantee on their behalf that if anything goes wrong then the bank will back them up and pay the Landlord. The pockets of banks are never empty.
Companies are a particular problem. They stop paying rent and being good Tenants when they are in financial trouble. They rarely own much by then and have given up. The company So it is very common to ask for a
Director's Guarantee
. Directors are more likely to have other assets that they don't want to lose and care more about becoming bankrupt. A parent or wealthy relative can also give a guarantee.
Superannuation funds
should usually ask for the same security that a commercial Landlord would require - which is a minimum of a Director's Guarantee where the Tenant is a company.
We don't charge extra for preparing any of this.
What security do you want
Bond
Bank guarantee
Personal guarantee
Amount of bond
Amount of Bank guarantee
Name, address and occupation of each guarantor . If you just write in "Directors" then I will look up who the Directors are and insert those details for you.
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
Special conditions
Do you have any special requirements that you want to see in the lease?
Common Special Conditions are:
Agents fees are excluded from the Outgoings that the Tenant pays
Air conditioner maintenance requirements for the Tenant
Bank Guarantee
Bond
Costs of Lease - Landlord pays 100%
Director Guarantees
Early termination by the Tenant and/or the Landlord
Electricity supplied by Landlord
Exclusion certificates from the 5 year rule
Exclusive permitted use
First right of refusal
Fixtures left by old tenants that the Landlord will not be responsible for
Fixtures owned by landlord - making clear that they are not the Tenant's
Goods & Rubbish to be kept within leased premises (and not in Common Areas)
Liquor Licence
Minor alterations by Landlord
Minor alterations by Tenant
Naming rights
Option to purchase at fixed price or valuation
Painting by the Tenant at the start of the Lease
Parking - reserved spaces
Replacing an unsatisfactory old lease
Rates and Taxes holiday
Relocation of premises for redevelopment
Rent Holiday
Right of Way reserved for the Landlord
Roller door maintenance
Rules for the Common Areas
Signs and advertising that the Landlord consents to
Sign pole erected by the Landlord for all Tenants
Surrender of existing lease
Waste Management Plan Rules
Do you have any Special Conditions
Yes please
No thanks
Special Conditions
Costs
We don't charge any extra for the standard Special Conditions listed above. If you ask for any other Special Conditions then we may charge extra for these. Simple ones are fine. We will let you know the likely cost before going ahead with difficult Special Conditions.
Painting
Is the Tenant required to repaint
Yes at particular times
No, but he has to generally look after the premises
Please show me more
What do they have to do
Most leases have a painting clause. Do they have to paint inside, outside or both? Usually this is at the very end of a lease after all renewals. Is that what you want or do you want it done each time the lease is renewed or at some other times?
Usually it is just to repaint similar to what was there before. But sometimes Landlords specify a particular type of paint or the way it is to be used. (for example, special protective coatings).
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Client
Landlord
Tenant
Premises
Term
Rent
Rent Review
Rates & taxes
Disclosure Statement
Shopping Centre
Security
Short or Standard
Special Conditions
Terms
This is not a standard lease
In a previous section, it was mentioned that the property in question may not be a typical commercial or industrial site in South Australia, or it could fall under one of the exceptions.
We will not proceed to the section where we typically discuss the fees for lease preparation and have you sign the Terms and Conditions. Instead, please send an email to me at
andrewr@minotaurlaw.com.au
, describing your situation and your requirements.
I will promptly respond and offer my recommendations based on your circumstances.
Regards,
Andrew Rogers
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Costs Agreement / Terms and Conditions
[field_1623765686543_371] of [field_1623765704629_373]
You have asked me on my www.forms.legalorigami.com.au website to prepare my [field_1623769172170_385] Agreement ("Lease") for you. I agree to do this based on this Agreement. I am Andrew Rogers LL.B. N.P. of PO Box 326 Goodwood South Australia 5034 and I practice as "Minotaur Law".
This Agreement governs your use of my website and the terms on which I shall provide my services.
Period
My agreement to provide legal services commences when you use my website to request my Lease (and agree to these Terms) and ends when I have emailed the Lease to you. In addition you may use my website again to correct any of your information you provided for the Lease (one time and within a week a period of 7 days from the time your Lease is emailed to you). If you do so then this agreement also covers the period from when you start to use my website again to make corrections to the time when I have emailed the changed Lease to you. After this I will no longer act as your lawyer, any lawyer-client relationship will end and I will have no further obligation to you.
A lawyer-client relationship is not formed with me just by you putting any question to me or if you only complete part of any form.
I may decline to provide my services to you or may cease acting for you at any time before emailing your Lease agreement to you and give no reason for this. If I decline to act to supply my services to you I shall have no obligation or liability to you for the cost of obtaining that document or legal service elsewhere or for any direct or indirect loss that results from this.
Information we each provide
My website provides general legal information only. This is not the same thing as legal advice. You agree and accept that the legal information I am able to provide is general and not specific to your situation.
You must ensure and you promise that the information you provide to me is accurate and complete. I undertake no check of the accuracy of that information.
I have not agreed to provide, have not provided and will not provide any commercial or tax advice to you and you understand none of my information is given or tailored to your specific commercial or tax position. If I prepare a Lease for you this does not mean that I have made any assessment or recommendation whether using this service is a better option than engaging a full service lawyer.
You agree that you have read all of the information on my website and have complied with it. You will not use the Lease for a purpose or in a situation when I have warned you should not use it for this.
If you have any doubts about the effect or meaning of the terms set out in clauses 8 and 9 and any other part of this agreement you should take advice from your accountants and/ or a full service lawyer.
By using this site and service you promise that you are a Landlord or using this service on behalf of a Landlord. This service is not suitable for use by a Tenant.
You acknowledge that besides the terms of the Lease you are bound by the laws relating to leases and the relationship between a Landlord and a Tenant. I will not provide any advice in relation to any of these. I just provide a document. I prepare this on the basis that the Retail & Commercial Leases Act will apply.
Geographical Limitations
You may only use this service from within Australia and for leases of non-residential property within South Australia.
I am a licensed legal practitioner in the State of South Australia and provide all of my services from there. This Agreement, and all matters arising out of or relating to it (including its enforceability) are governed by the laws applicable in South Australia.
Nature of Unbundled Legal Services
By limiting the service that I provide and by using document automation and other technologies, I can provide you with prompt legal service in a cost-effective manner.
What I provide is an unbundled limited legal services I limit my services to producing a Lease as requested by you using my website form. I have not agreed or represented that I can or shall do anything further for you.
It is your responsibility to read the documents I send you to check that they accurately set out and contains the details and terms you wanted to include and that they match what you have agreed with the Tenant. Please contact me immediately and before signing if you think there has been an error. You have a period of 7 days after receiving the email copy of your Lease within which to correct any error.
As with any legal service, I cannot guarantee any legal outcome.
Fees
My fixed fee for providing the first version of the Lease by email is [field_1623898100894_515] (including GST). I charge extra for any Special Conditions that are not listed on the Website and shall discuss this with you before proceeding with them.
I do not provide a printed copy of your Lease, invoice or anything else.
I do not base this fee on the scale of fees provided by the Supreme Court of South Australia. There may be other legal practitioners prepared to act for you and charge under their Scale.
If you request further services from me in addition to the original Lease (such as alterations and additional clauses for example) and I agree to provide this then this will be upon the same terms with any necessary modifications and I shall charge fees
on the scale of fees set out in Chapter 16 Part 2 Higher Court costs scale in the Uniform Civil Rules 2020 which are available at
www.courts.sa.gov.au
.
Confidentiality
I hold any information received from my clients in strict confidence and will not release it to anyone outside of my practice or otherwise than maybe required under applicable law. You can agree to me releasing information. You agree that your information is accessible by authorised third parties with whom and with which I contract for the purpose of storing or transmitting data and providing technology services for me.
You agree that I can communicate with you and deliver services to you by email. I do not encode or secure the content of any emails. Any document I supply you which purports to be signed by me electronically shall be deemed to have been signed by me.
I do not because I cannot warrant that the operation of my services will be uninterrupted or that they are virus free or error free.
If you request me to provide a service to both yourself and anyone else, then I am expressly authorized by you to disclose information about any of you to the others including seeing each other's documents, the information you provided to me and any communications between us.
You each agree that I may share confidential information with each of you in this way.
I may have previously acted for the Tenant or dealt with them on behalf of another Landlord. In that unlikely event I shall not disclose this to you or disclose to you any information that I may have concerning them.
Copyright and links
I claim copyright protection on all of the content and documents provided in or through this website. None of them may be reproduced, copied or redistributed in any form without my express permission. Modifying or using any of the content of my website for commercial purposes is strictly prohibited.
Links to other websites that are posted on my website or in any of my emails to you are provided only as a convenience to you. I assume no responsibility for the content, security or reliability of any of these websites or the people behind them.
Limitation of Liability ‐ No Warranties
My liability to you is limited by a scheme approved under Professional Liability Legislation.
I make no representations or warranties as to the accuracy and completeness of the content of my website or documents and will not be responsible for any errors or omissions in them. To the fullest extent permitted by law I will not be responsible for damages (including direct, indirect, incidental, consequential or special) arising as a result of your use of my website, documents or services. This shall not in any way limit or exclude my professional responsibility regarding any legal services contracted for under this Agreement.
You agree to indemnify me in relation to any cost, loss, liability, or damage that you or anyone else suffers because the documents you order are not suitable for your circumstances, because the answers you give are not correct and complete, because you change my documents, you do not comply with this Agreement or you do not sign any documents as instructed.
Force Majeure
I will not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of my reasonable control, including acts of God or a public enemy; COVID-19 and other ill health; natural calamities; failure of a third party to perform their services to me (including, but not limited to, internet service providers) ; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Minotaur Law.
Severance and assignment
Any part of this Agreement that is unenforceable or illegal will be severed from this Agreement and will not affect the enforceability of the rest of this Agreement.
You may not assign to any other party the rights and obligations created for you under this Agreement.
Any additional terms on which any particular service is offered on my Website, including any instructions about when not to use it and the promises by you which are set out next to the "Submit" button are incorporated into this Agreement.
This Agreement is the entire agreement between you and I about its subject matter and excludes all conditions, warranties and terms implied by custom, general law or statute (except ones that by law may not be excluded).
If there is anything in this Agreement that you disagree with then you should not use my website, sign this Agreement or click the submit button. You have the right to seek independent legal advice on the terms of this Agreement. You also have the right to take commercial or taxation advice if you do not know and understand the actual or potential impacts for you if you accept this agreement. You can access information regarding your rights in relation to this cost agreement on the Law Society website
www.lawsocietysa.asn.au/costsdisclosure
.
[field_1570104971035_2156]
Andrew Rogers for Minotaur Law
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Terms of Service
This form is current to the
National Cabinet Mandatory Code of Conduct - SME Commercial Leasing Principles during COVID-19
as at midday 8 April 2020
Limited unbundled legal service
This service is not the same as seeing a Lawyer. This is a limited unbundled legal service. I prepare my usual [field_1623769172170_385] for you using the information provided by you. That is all I do. I don't give any advice. It is up to you to print the documents and get them signed. I don't stamp the documents, get mortgagee consents or register the lease.
Fee Calculation
Fixed fee
Our fee for preparing this Lease based on this information is
[field_1623898100894_515]
regardless of whether everyone signs the document. This includes GST and the cost of our searches and any Director Guarantees. It does not include the cost of any Special Conditions other than our standard set or work other than preparing the first set of documents.
Costs Agreement / Terms and Conditions
[field_1623765686543_371] of [field_1623765704629_373]
You have asked me on my www.forms.legalorigami.com.au website to prepare my [field_1623769172170_385] Agreement ("Lease") for you. I agree to do this based on this Agreement. I am Andrew Rogers LL.B. N.P. of PO Box 326 Goodwood South Australia 5034 and I practice as "Minotaur Law".
This Agreement governs your use of my website and the terms on which I shall provide my services.
Period
My agreement to provide legal services commences when you use my website to request my Lease (and agree to these Terms) and ends when I have emailed the Lease to you. In addition you may use my website again to correct any of your information you provided for the Lease (one time and within a week a period of 7 days from the time your Lease is emailed to you). If you do so then this agreement also covers the period from when you start to use my website again to make corrections to the time when I have emailed the changed Lease to you. After this I will no longer act as your lawyer, any lawyer-client relationship will end and I will have no further obligation to you.
A lawyer-client relationship is not formed with me just by you putting any question to me or if you only complete part of any form.
I may decline to provide my services to you or may cease acting for you at any time before emailing your Lease agreement to you and give no reason for this. If I decline to act to supply my services to you I shall have no obligation or liability to you for the cost of obtaining that document or legal service elsewhere or for any direct or indirect loss that results from this.
Information we each provide
My website provides general legal information only. This is not the same thing as legal advice. You agree and accept that the legal information I am able to provide is general and not specific to your situation.
You must ensure and you promise that the information you provide to me is accurate and complete. I undertake no check of the accuracy of that information.
I have not agreed to provide, have not provided and will not provide any commercial or tax advice to you and you understand none of my information is given or tailored to your specific commercial or tax position. If I prepare a Lease for you this does not mean that I have made any assessment or recommendation whether using this service is a better option than engaging a full service lawyer.
You agree that you have read all of the information on my website and have complied with it. You will not use the Lease for a purpose or in a situation when I have warned you should not use it for this.
If you have any doubts about the effect or meaning of the terms set out in clauses 8 and 9 and any other part of this agreement you should take advice from your accountants and/ or a full service lawyer.
By using this site and service you promise that you are a Landlord or using this service on behalf of a Landlord. This service is not suitable for use by a Tenant.
You acknowledge that besides the terms of the Lease you are bound by the laws relating to leases and the relationship between a Landlord and a Tenant. I will not provide any advice in relation to any of these. I just provide a document. I prepare this on the basis that the Retail & Commercial Leases Act will apply.
Geographical Limitations
You may only use this service from within Australia and for leases of non-residential property within South Australia.
I am a licensed legal practitioner in the State of South Australia and provide all of my services from there. This Agreement, and all matters arising out of or relating to it (including its enforceability) are governed by the laws applicable in South Australia.
Nature of Unbundled Legal Services
By limiting the service that I provide and by using document automation and other technologies, I can provide you with prompt legal service in a cost-effective manner.
What I provide is an unbundled limited legal services I limit my services to producing a Lease as requested by you using my website form. I have not agreed or represented that I can or shall do anything further for you.
It is your responsibility to read the documents I send you to check that they accurately set out and contains the details and terms you wanted to include and that they match what you have agreed with the Tenant. Please contact me immediately and before signing if you think there has been an error. You have a period of 7 days after receiving the email copy of your Lease within which to correct any error.
As with any legal service, I cannot guarantee any legal outcome.
Fees
My fixed fee for providing the first version of the Lease by email is [field_1623898100894_515] (including GST). I charge extra for any Special Conditions that are not listed on the Website and shall discuss this with you before proceeding with them.
I do not provide a printed copy of your Lease, invoice or anything else.
I do not base this fee on the scale of fees provided by the Supreme Court of South Australia. There may be other legal practitioners prepared to act for you and charge under their Scale.
If you request further services from me in addition to the original Lease (such as alterations and additional clauses for example) and I agree to provide this then this will be upon the same terms with any necessary modifications and I shall charge fees
on the scale of fees set out in Chapter 16 Part 2 Higher Court costs scale in the Uniform Civil Rules 2020 which are available at
www.courts.sa.gov.au
.
Confidentiality
I hold any information received from my clients in strict confidence and will not release it to anyone outside of my practice or otherwise than maybe required under applicable law. You can agree to me releasing information. You agree that your information is accessible by authorised third parties with whom and with which I contract for the purpose of storing or transmitting data and providing technology services for me.
You agree that I can communicate with you and deliver services to you by email. I do not encode or secure the content of any emails. Any document I supply you which purports to be signed by me electronically shall be deemed to have been signed by me.
I do not because I cannot warrant that the operation of my services will be uninterrupted or that they are virus free or error free.
If you request me to provide a service to both yourself and anyone else, then I am expressly authorized by you to disclose information about any of you to the others including seeing each other's documents, the information you provided to me and any communications between us.
You each agree that I may share confidential information with each of you in this way.
I may have previously acted for the Tenant or dealt with them on behalf of another Landlord. In that unlikely event I shall not disclose this to you or disclose to you any information that I may have concerning them.
Copyright and links
I claim copyright protection on all of the content and documents provided in or through this website. None of them may be reproduced, copied or redistributed in any form without my express permission. Modifying or using any of the content of my website for commercial purposes is strictly prohibited.
Links to other websites that are posted on my website or in any of my emails to you are provided only as a convenience to you. I assume no responsibility for the content, security or reliability of any of these websites or the people behind them.
Limitation of Liability ‐ No Warranties
My liability to you is limited by a scheme approved under Professional Liability Legislation.
I make no representations or warranties as to the accuracy and completeness of the content of my website or documents and will not be responsible for any errors or omissions in them. To the fullest extent permitted by law I will not be responsible for damages (including direct, indirect, incidental, consequential or special) arising as a result of your use of my website, documents or services. This shall not in any way limit or exclude my professional responsibility regarding any legal services contracted for under this Agreement.
You agree to indemnify me in relation to any cost, loss, liability, or damage that you or anyone else suffers because the documents you order are not suitable for your circumstances, because the answers you give are not correct and complete, because you change my documents, you do not comply with this Agreement or you do not sign any documents as instructed.
Force Majeure
I will not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of my reasonable control, including acts of God or a public enemy; COVID-19 and other ill health; natural calamities; failure of a third party to perform their services to me (including, but not limited to, internet service providers) ; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Minotaur Law.
Severance and assignment
Any part of this Agreement that is unenforceable or illegal will be severed from this Agreement and will not affect the enforceability of the rest of this Agreement.
You may not assign to any other party the rights and obligations created for you under this Agreement.
Any additional terms on which any particular service is offered on my Website, including any instructions about when not to use it and the promises by you which are set out next to the "Submit" button are incorporated into this Agreement.
This Agreement is the entire agreement between you and I about its subject matter and excludes all conditions, warranties and terms implied by custom, general law or statute (except ones that by law may not be excluded).
If there is anything in this Agreement that you disagree with then you should not use my website, sign this Agreement or click the submit button. You have the right to seek independent legal advice on the terms of this Agreement. You also have the right to take commercial or taxation advice if you do not know and understand the actual or potential impacts for you if you accept this agreement. You can access information regarding your rights in relation to this cost agreement on the Law Society website
www.lawsocietysa.asn.au/costsdisclosure
.
Andrew Rogers for Minotaur Law
I will send you a copy with your documents. You can also click here to print a copy now.
I accept the Costs Agreement. I confirm that I am a Landlord or am acting for a Landlord. I have read and understand all the information and warnings.
E-Signature of [field_1456487217750_126]
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How to sign
Sign on your touch pad or screen or with a mouse. We understand that this may look quite different from your usual neat signature, but it will be legally sufficient. I will send you a copy with your documents. You can also print a copy now.
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