Question 1

Is this document a legal document?

Accepted Answer

All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 2

Is the document easy to read?

Accepted Answer

All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lightyeardocs.com.au.

Question 3

What lawyers sign off on the LightYear Docs documents?

Accepted Answer

All LightYear documents are prepared and signed off by Abbott & Mourly from Melbourne, Sydney and Brisbane.

Question 4

What are annual increases in rent?

Accepted Answer

Annual increases are measured by CPI for the city or region where the property the subject of the lease resides.

Question 5

Can the lease term be extended?

Accepted Answer

The lessor and the lessee can extend the lease as described in the initial document. How many times and for what terms are to be included in the document

Question 6

Can I use this Commercial Lease for a lease of SMSF business real property to a related discretionary trust?

Accepted Answer

A written lease is required where a SMSF leases any property to a third or a related party.

Question 7

What outgoings are included?

Accepted Answer

Amongst other items the following list of typical outgoings the lessee must pay their fair share includes:

► Rates and other charges levied by any law
► Water, garbage and sewerage rates
► Waste disposal costs
► Land Tax
► Insurance premiums payable by the Landlord
► The cost of cleaning any ‘common areas’ that are used by the Tenant
► Garden and maintenance
► Car Park Levies

Question 8

Is this document reviewed regularly?

Accepted Answer

All LightYear Docs documents form part of the LightYear Docs internal document review cycle. All documents are scheduled to be reviewed at least annually or when required to do so, due to changes in legislation. The LightYear Docs review cycle ensures all of our documents remain current and accurate.

Commercial Property Lease

Commercial Property Lease