Assignments of non-retail commercial leases: Some contentious issues

Duncan, William D. & Christensen, Sharon A. (2016) Assignments of non-retail commercial leases: Some contentious issues. Australian Property Law Journal, 24(3), pp. 357-370.

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Abstract

Assignment clauses in non-retail commercial leases are as infinitely varied as the circumstances in which disputes arise. Each clause must be individually interpreted as part of the lease in which it is embedded. Whilst the assignment of a lease is one of the most commonplace transactions between lessor and lessee, the case law reveals few unifying principles. This article seeks to cautiously identify a set of principles which should be in the mind of any lawyer when a dispute relating to an assignment arises. It concludes with a short checklist of matters which must be considered by such a person to encourage the application of principles in the first instance towards a resolution of the dispute.

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ID Code: 93725
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Property law, Leases, Assignment
ISSN: 1038-5959
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2016 LexisNexis Australia
Deposited On: 15 Mar 2016 23:02
Last Modified: 20 Mar 2016 04:44

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