Book Review: Commercial Leases in Australia

I

n a world increasingly given over to large multi-volume looseleaf and electronic “services”, it is encouraging to see that concise and topical books still have their place.

“Commercial Leases in Australia” is one of several such books from this author that provides highly relevant and useful commentary in property law and related areas.

The author, Bill Duncan, requires no introduction to practitioners in property and commercial law, particularly in Queensland.  Other books of which he is either author, or co-author, include “The Law of Real Property Mortgages”, “Real Estate Agency Law in Queensland” and “Land Contracts in Queensland”.

This text on commercial leases is now in its 5^th edition.  Whilst it follows a similar format to previous editions, it has been substantially revised and updated to reflect recent case law.

The book is comprised of 15 chapters commencing with “negotiations” and branching into commonly disputed areas of leasing, including covenants, rent and rent review, outgoings, repair, options, default and assignment.

The book also briefly introduces the concept of “green” leases, under the National Greenhouse and Energy Reporting Act 2007 (Cth), which can be expected to have an increasing impact on commercial leasing in the future.

Practitioners will appreciate the book’s extensive table of contents and detailed index, both of which make for easy access when searching for particular issues.

The book has a national focus, which is perhaps an ambitious task in any area so heavily influenced by disparate state tribunals and, in particular, retail shop tribunals.  The book tackles this challenge by focussing expressly on decisions of the superior courts, rather than attempting to grapple with each jurisdiction at the tribunal and lower court level.

The book provides essential guidance to litigators and commercial practitioners alike.  Commercial practitioners will find particularly useful the inclusion of some 37 common precedent documents together with associated commentary.

Common to all texts from this author, the book is written in plain language and balances a reflective analysis with practical insight.  And there is no mistaking the intended use of this book as a practitioners’ text.

One brief example of this approach, apart from the precedents it offers, is the commentary presented on a host of common phrases such as “reasonable rent”, “current market value” and “fair wear and tear excepted”.  There are many other examples, all of which are clearly identified under sub-headings that are readily located via the contents pages or the index.

I have found this book to be an excellent starting and intermediate resource when approaching leasing issues.  As with any book, this text should not be used to supplant detailed and up to date research on more complex issues.  But this book will invariably make that exercise more efficient. At the publisher’s price of $159.95,³ the book is worthy of inclusion in the library of the general legal practitioner as well as that of the more specialised property lawyer.

Patrick Hay

Footnotes

1. Professor Duncan’s university profile page can be found at http://www.law.qut.edu.au/staff/lsstaff/bduncan.jsp.  The details of his publications as shown on that page are indeed impressive.
2. The publisher’s web page for the book is at http://www.thomsonreuters.com.au/catalogue/productlist.asp?HF_FilterCountries=Australia&FC=au&id=419.
3. See http://www.thomsonreuters.com.au/catalogue/productlist.asp?HF_FilterCountries=Australia&FC=au&id=419.