Property & Commercial Law

For Purchase matters, we organise a video conference or a face-to-face meeting with you to go over the contract clause by clause and to address all the issues we have identified, so you are able to make an informed decision regarding your purchase. We keep a constant line of communication with you throughout the purchase process and report to you regularly on the progress of the matter. You will have a complete peace of mind and knowledge that everything is taken care of.

For Sale matters, we prepare a Contract for Sale and include special conditions that are suited exclusively to your needs. Our Contracts offer the best possible protection to you as the Vendor and we ensure that the whole process is as smooth and stress-free for you as possible. On settlement day we will make sure that you will receive your funds into your account within minutes of settlement taking place on the PEXA platform! Our fees are affordable and fixed so you have certainty and peace of mind regarding your legal costs.

Some clients often require us to review a Contract for Sale before committing to a purchase. We offer a comprehensive review of contract at a fee of $350 plus GST. The good news is that if you later decide to proceed with the purchase, this amount will be discounted from our usual conveyancing fees.

We attend to providing independent legal advice in relation to the Mortgage documents and Guarantees when the bank or private lender requires you to obtain such advice. To book this service please call our office to obtain a quote as our fee depends on the volume of documents required to be reviewed.

At Surge Legal we regularly act for corporate clients in a variety of matters. We are able to assist with your purchase or sale of business efficiently and at a reasonable fee. Doing a business sale or purchase can be stressful and time consuming. We guide you every step of the way and assist with your sale or purchase of business from start to finish, including drafting of bespoke Contract for Sale of Business and executing all the required paperwork to formalise the sale. For commercial law matters we also assist with drafting bespoke Deeds and Agreements, including but not limited to drafting Share Purchase Agreements, Sale of Business Agreements, Loan Agreements, Terms and Conditions of Various Businesses etc. We also assist with drafting of Leases as well as with Lease Disputes whilst acting for either Lessor or Lessee. We regularly act for corporate Plaintiffs or Defendants in civil litigation in a variety of matters ranging from simple debt recovery to complex defamation cases.

If you are concerned about creditors pursuing you in the future and going after your assets, discretionary or family trusts may offer protection against creditors resulting in you being able to keep the assets without legally owning them. Discretionary trusts have also certain tax advantages as its beneficiaries only pay tax on their share of the trust’s net income. It is therefore possible for a trustee to distribute assets among the beneficiaries in such way so as to reduce the total tax paid by the family. We also regularly assist with lodging Caveats and applying for interlocutory injunctions to restrain the other party from the sale of real property.

Our team at Surge Legal regularly offer legal advice and assistance with retail and commercial leases. Leases are often fraught with terms, which are akin to concealed traps that only skilled commercial lawyers are able to pick up on. Having competent legal advice when entering or negotiating a lease often directly impacts your company’s business, cash flow and profitability. •Negotiating lease agreements to ensure best interests of Lessor/Lessee are upheld •Drafting bespoke lease agreements in accordance with your instructions to suit your circumstances and needs; •Reviewing and providing independent legal advice on commercial and retail leases •Acting on behalf of Lessee/Lessor in dispute resolution to resolve issues surrounding Leases •Acting in litigation on behalf of a Lessee/Lessor in relation to a breach of the Lease For Lessor Services: We draft and finalise the lease agreement, ensuring its accurate registration. Additionally, we offer expertise in negotiations, if required. We deal with Lease Agreement, Sub-Lease, and Assignment of Lease. For bespoke negotiation services, our professional fees are charged based on hourly rate. For Lessee Services: Our services extend to providing advcie and insights into the lease contract, ensuring you comprehend your rights, obligations, and associated costs. Our holistic consultation encompasses a thorough review of the lease agreement in relation to your specific business needs, guaranteeing alignment. We delve into all associated fees beyond the basic rent and offer guidance on your commitments, especially in scenarios of changing circumstances or potential damages to the property. Comprehensive advice on standard commercial lease contract tailored for small to medium sized businesses includes review of your documents and overseeing the registration process. For negotiation assistance, we charge additional fees based on hourly rate.

In NSW, stamp duty exemptions generally apply to property transfers between spouses or de facto partners as part of a relationship breakdown. The exemption typically covers properties transferred under a binding financial agreement or a court order pursuant to the Family Law Act 1975. The process is generally as follows: 1. Collect the necessary supporting documentation for your application, including: a. A copy of the court order, financial agreement, or other relevant legal documents that set out the terms of the property transfer. b. Proof of identity. c. Additional supporting documents as required by Revenue NSW, such as Transferee Declaration Form. 2. Complete the application form: Obtain the appropriate application form for a stamp duty exemption from Revenue NSW, known as the "Application for Exemption or Refund - Break-up of a Marriage or De Facto Relationship" (ODA 066). 3. Lodge the application: Submit your completed application form, along with the required supporting documents, to Revenue NSW. The submission process may involve mailing the application or submitting it electronically, depending on the requirements specified by Revenue NSW. 4. Await a decision: Revenue NSW will assess your application and determine whether you qualify for the stamp duty exemption. 5. Complete the property transfer: If your application is approved, you will be exempt from paying stamp duty on the property transfer. We attend to all of the above on your behalf at a reasonable fee to ensure the whole process is easy and seamless. At Surge Legal you do not have to worry about anything and simply leave all the paperwork to us. We also attend to the conveyancing transfer process via the PEXA platform.