Practice area

Commercial Property & Leasing

Connect each property or lease review to the premises, parties and intended use. Check the complete lease, title and supporting documents for financial terms, obligations, options and jurisdiction-specific requirements.

Key facts

Tasks covered: 31
Tasks with a step-by-step checklist: 4
Local differences: 2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Commercial Property & Leasing
Task	How AI is used	Human involvement	What the lawyer must review
Draft a commercial, retail or industrial lease from the heads of termsStart this task See suggested levels	Produce a first-draft lease from the heads of terms and the firm's precedent, with a list of missing commercial points.	YellowClose supervision	Check rent, outgoings, use, options, make-good and assignment Check any retail-lease mandatory content for the premises' jurisdiction
Prepare the retail-lease disclosure statementStart this task See suggested levels	Populate a first-draft retail-lease disclosure statement from the lease and matter data, and list financial figures that still need a source.	YellowClose supervision	Use the current prescribed form Match rent, outgoings and incentives to the lease Confirm the disclosure period before commencement
Prepare the retail-lease disclosure statement under the NSW, Victorian or Queensland ActChecklist Start this task See suggested levels	Draft the lessor's or lessee's disclosure statement from the lease and matter data, including the outgoings estimate, and list figures that still need a source.	YellowClose supervision	Use the current form: Vic Retail Leases Regulations 2023; NSW Small Business Commissioner form For Qld, use the form under the Retail Shop Leases Act 1994 and Regulation 2016 Match figures to the lease and diarise the disclosure period Keep signed proof of service NSW Retail Leases Amendment (Review) Act 2025, once commenced: document agreed amendments Under that Act, note an unreasonable outgoings estimate may cap recovery
Review title and encumbrances for a commercial purchase or leaseStart this task See suggested levels	From title, plan and searches, list easements, covenants, mortgages and use restrictions that affect the deal, with instrument references.	YellowClose supervision	Read the instruments Confirm current title from a search the firm ordered
Extract planning and zoning constraints that affect the intended useStart this task See suggested levels	From the planning extracts on the file, list zone, overlays, permitted uses, height or floor-space limits and heritage flags with document cites.	YellowClose supervision	Obtain a current planning certificate Do not treat a generated summary as a substitute for the live planning controls
Extract planning constraints from the LEP, DCP, planning scheme or SA Planning and Design CodeChecklist Start this task See suggested levels	From planning extracts, list zone, overlays, permitted and prohibited uses, height or floor-space limits and heritage flags with cites (NSW LEP/DCP; Vic/Qld scheme; SA Planning and Design Code).	YellowClose supervision	Get a current certificate: NSW s 10.7; Vic planning certificate; Qld planning and development certificate Check the certificate date and any exhibited amendments Read the zone's use table Check planning agreements, contributions, reservations, heritage approvals and DA status
Draft or redline the contract for sale or heads of agreementStart this task See suggested levels	Produce a first-draft contract or heads of agreement from the commercial terms, or redline the other side's paper against the client's positions.	YellowClose supervision	Check the heads of agreement is (or is not) binding as instructed Check conditions, tax and deposit mechanics work
Review a received lease and produce a tenant or landlord advice tableStart this task See suggested levels	Extract rent, reviews, outgoings, use, assignment, make-good, demolition, relocation and default into an issues table with clause references.	YellowClose supervision	Advise on the client's instructions and any retail-lease rules that apply Do not treat the table as the advice
Draft breach, rent-arrears or termination noticesStart this task See suggested levels	From the lease and the arrears/breach facts, draft a notice that follows the lease's notice clause and list service methods required.	YellowClose supervision	Check form, timing and address for service; a defective notice can void termination Check any statutory overlay for retail leases
Draft assignment or subletting consent papersStart this task See suggested levels	From the lease, draft the consent request or consent deed, conditions and any required financial information list.	YellowClose supervision	Check the lease's consent standard (reasonable vs absolute) Check any statutory prohibition on unreasonably withholding consent
Prepare an option-exercise and rent-review packStart this task See suggested levels	Assemble the lease with every variation, extension and deed of renewal, in order, so the terms now in force are the ones being worked from, then extract into a table, with the clause reference beside each entry: the option conditions and preconditions; the exercise window; the prescribed form of notice, the addressee and the service requirements; and the rent-review mechanics, basis and timetable. Flag every date as drawn from the lease alone, where the applicable retail leases Act may extend or override the lease. Show the earliest and latest dates for service as figures, allowing for any deemed-service period, for the lawyer to check. Index the rent history and any earlier review determinations against the clauses they were made under, and list the valuation inputs still outstanding. The tool produces no part of the exercise notice, no rent-review or dispute notice, and no submission to a valuer or determining expert; where the lease prescribes a form of notice the table records the requirement and its clause reference, not a usable draft. Once the lawyer has drafted the notice, compare it against the option clause and flag departures in wording, addressee, service method or date, without supplying replacement wording.	RedLawyer-led	The lawyer drafts and settles the exercise notice and any rent-review or dispute notice. Decide first whether the premises are a retail shop, because the last date to exercise may be statutory and extended where the landlord's option-date notice was late or incomplete or where an early market rent determination has been notified. Option dates are fatal if missed, so calculate the window from the lease and the Act, never from the extracted table, then confirm the notice strictly matches the clause and is served in the manner and to the address the lease requires. Satisfy yourself the rent-review mechanics are valid before relying on them (ratchet and multiple-basis prohibitions), and check the rent history and earlier determinations against the primary records rather than the table.
Build a make-good and dilapidations schedule from the lease and reportsStart this task See suggested levels	Compare the lease make-good clause with the condition report and produce a schedule of claimed items with clause references.	YellowClose supervision	Decide which items the clause actually requires Rely on photographs and the original condition report, not the generated schedule
Draft the commercial due-diligence report for an acquisitionStart this task See suggested levels	From leases, title, planning extracts and contracts, draft a DD report structure with issues, document cites and open questions.	YellowClose supervision	Source every issue in a document Do not treat the report as complete until the searches the firm ordered are in
Summarise environmental and contamination reports for the property fileStart this task See suggested levels	From supplied reports, extract contamination findings, recommended works and any ongoing obligations into a table with page references.	YellowClose supervision	Give environmental risk advice yourself, often with a consultant Do not treat the summary as a clearance
Map the tax-on-supply issues for the sale or leaseStart this task See suggested levels	From the contract facts (use, tenancies, registration, price), draft a tax-on-supply issues list: candidate treatments of the supply, with facts still needed.	RedLawyer-led	Confirm the fact-specific tax treatment against current revenue-authority materials Get the accountant's input before settlement figures are fixed
Map GST, margin-scheme and going-concern issues for the property sale or leaseChecklist Start this task See suggested levels	From the contract facts (use, tenancies, GST registration, price), list candidate GST treatments (taxable supply, going concern, margin scheme), the clause needed and facts to confirm.	RedLawyer-led	Check going-concern requirements: both registered, enterprise carried on, all things necessary supplied Check the going concern and margin scheme against GSTR 2002/5, GSTR 2000/21 and any private ruling Check whether vacant possession breaks the going concern Tailor the clause and advise on GST risk in writing Consult the accountant
Prepare electronic-settlement workspace instructionsStart this task See suggested levels	Draft electronic-settlement workspace instructions and a lodgement sequence from the contract, title and lender details on the file.	YellowClose supervision	Confirm roles, duty payment, discharges and funds in the live workspace and with the client Remember a generated note cannot see the workspace
Give Landonline certify-and-sign instructionsChecklist Start this task See suggested levels	Draft a practitioner checklist of title reference, parties, instruments and evidence to hold before certify and sign.	YellowClose supervision	Follow LINZ certify-and-sign requirements and s 27 of the Land Transfer Act 2017 Check that a sole practitioner has linked an attorney to Landonline in case of incapacity
Prepare PEXA workspace instructions and the electronic lodgement sequenceChecklist Start this task See suggested levels	Draft PEXA workspace instructions, client-facing settlement FAQs and a lodgement sequence from the contract, title and lender details on the file.	YellowClose supervision	Confirm PEXA roles, sequence and mandatory-use rules (NSW, Vic, Qld, WA, SA; check exceptions) Confirm the duty/CIPT payment workflow Confirm caveats and discharges, with notice given Confirm settlement date and funds with client and lender Confirm electronic client authorisation before lodgement
Build a rent-and-outgoings reconciliation from the lease and invoicesStart this task See suggested levels	Compare invoiced rent, recoveries and outgoings with the lease and estimate of outgoings; list variances and missing supporting invoices.	YellowClose supervision	Decide what is recoverable under the clause Check whether retail-lease disclosure caps recovery
Summarise a commercial lease into a key-terms sheetStart this task See suggested levelsAustralia onlySource basis: General AI-use guidance applied to this area; no area-specific AI source found.	Extract rent, reviews, options, make-good and assignment terms with clause references.	GreenLawyer review	Read the full lease, including schedules and variations.
Review a commercial real estate due-diligence report produced with AIStart this task See suggested levelsAustralia onlySource basis: General AI-use guidance applied to this area; no area-specific AI source found.	Compare report entries with title, leases and searches.	YellowClose supervision	Confirm completeness; sign the report.
Compare a tenant's proposed lease amendments against the landlord's standard leaseStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific sources in links; vendor pages marked (vendor).	Produce a clause-level comparison table of the markup against the precedent with flagged departures.	GreenLawyer review	Confirm each departure and its commercial effect; check the retail-leases Act overlay.
Extract critical dates (options, rent reviews, make-good, expiry) across a lease portfolioStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific sources in links; vendor pages marked (vendor).	Pull dates and notice periods from each lease into a diary schedule.	GreenLawyer review	Spot-check each date against the lease; diarise from the source, not the output.
Summarise make-good and reinstatement obligations at lease endStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific sources in links; vendor pages marked (vendor).	Summarise the make-good clauses and any schedules of condition into a checklist.	GreenLawyer review	Verify against the lease, variations and condition reports.
Draft a plain-English lease summary for a tenant clientStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific sources in links; vendor pages marked (vendor).	Draft a summary of rent, outgoings, term, options, assignment and default clauses.	YellowClose supervision	Lawyer checks accuracy and adds advice; summary is not advice on its own.
Review a landlord's AI-driven property-management data terms in a lease or building agreementStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific sources in links; vendor pages marked (vendor).	List data-collection, privacy and smart-building clauses for the tenant to consider.	YellowClose supervision	Lawyer assesses Privacy Act and confidentiality issues.
Summarise building data and smart-building terms in a leaseStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Extract data and technology clauses.	GreenLawyer review	Lawyer advises.
Prepare a leasing-market summary using AI analyticsStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Summarise market data for rent review.	YellowClose supervision	Valuer confirms.
Prepare a client explainer on how the firm uses AIStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Draft a transparency statement.	GreenLawyer review	Principal approves.
Draft the landlord's affidavit on a claim for relief against forfeiture in the Supreme Court of New South WalesStart this task See suggested levelsWritten for New South WalesNew South Wales only	Do not generate the affidavit. List the lease, the default notices and the rent ledger the deponent will cover.	RedLawyer-led	Take the affidavit in the landlord's own account and disclose that generative AI did not generate its content.
Prepare a chronology of default notices and the rent ledger for a Supreme Court of New South Wales lease disputeStart this task See suggested levelsWritten for New South WalesNew South Wales only	List notice dates and ledger entries from the lease file into a chronology.	GreenLawyer review	Check every date and amount against the lease file.
Draft written submissions on the construction of a commercial lease in the Supreme Court of New South WalesStart this task See suggested levelsWritten for New South WalesNew South Wales only	Draft submissions from the lease and the authorities the lawyer has opened.	YellowClose supervision	Verify in the body that every citation exists, is accurate and is relevant.
Draft the tenant's affidavit in a commercial lease dispute in the Supreme Court of VictoriaStart this task See suggested levelsWritten for VictoriaVictoria only	Produce a draft affidavit from the lease and the tenant's instructions for the lawyer to verify.	YellowClose supervision	A person verifies every fact against the lease and the instructions.
Draft written submissions on an alleged breach of a commercial lease in the Supreme Court of VictoriaStart this task See suggested levelsWritten for VictoriaVictoria only	Draft submissions from the lease and the authorities the lawyer has opened.	YellowClose supervision	Confirm each citation exists and stands for the proposition. Asking one artificial intelligence tool to confirm what another produced is not verification. A person may check original source material, including source material kept inside a tool.
Draft the tenant's affidavit in a lease possession claim in the Supreme Court of Western AustraliaStart this task See suggested levelsWritten for Western AustraliaWestern Australia only	Do not substitute the tenant's words. List the lease and the notices the tenant will address.	RedLawyer-led	The affidavit stays in the tenant's own words. The practitioner who files it is responsible for it.

Firm-wide obligations

Firm-wide obligations
Obligation	What it covers
Trust accounting & handling client money	Checks that apply across files.
Costs, billing & litigation funding	Checks that apply across files.
Client-facing & access-to-justice AI tools	Checks that apply across files.
Incoming evidence — deepfakes & synthetic documents	Checks that apply across files.
AI decision systems	Checks that apply across files.
Confidentiality & client information	Checks that apply across files.
AML/CTF — the practice as a reporting entity	Checks that apply across files.

What changes in New Zealand

What changes in New Zealand
Topic	What changes
Title and e-dealing	Land Transfer Act 2017 and Landonline certifications, as for residential e-dealings.
Not Australian law	No PEXA, no state retail-leases disclosure statement and no Australian stamp-duty calculator.
Tax	Confirm current New Zealand tax treatment with Inland Revenue material, not an Australian OSR/SRO guide.
Limits on AI assistance	Do not let a tool certify or sign a Landonline instrument. The certifying practitioner is personally responsible under s 27 of the Land Transfer Act 2017.

Land Transfer Act 2017 · 2026-09-23
LINZ: certify and sign · 2026-09-23
Income Tax Act 2007 · 2026-09-23

What changes in United States

Known here as: Commercial property and leasing

What changes in United States
Topic	What changes
State law	State law governs this work. Check the statutes, court rules and conduct rules of the state where the matter is. Do not import an Australian statute, form or court AI practice note.
Leases	Landlord-tenant and recording statutes are state law. Verify rent, default and notice terms in the signed lease and the current state statute, not a clause library for another state.

ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024) · 2026-09-23

Precedents for this area

Retail lease disclosure statements: NSW lessor's and lessee's statement (official form), with Victorian and Queensland notes (Form, AI use Yellow). Completion guide for the NSW retail lease disclosure statement (Parts A and B), with the timing rules and the tenant's remedies, plus the different Victorian and Queensland requirements.
Heads of agreement for a commercial or retail lease (non-binding, subject to formal lease) (Agreement, AI use Yellow). Non-binding heads of agreement recording the commercial terms of a proposed lease, with limited binding clauses, drafted to avoid an unintended agreement to lease and to manage the retail leasing traps.
Notice to remedy breach of lease before re-entry (Conveyancing Act 1919 (NSW) s 129 notice) (Notice, AI use Yellow). Landlord's notice under s 129 of the Conveyancing Act 1919 (NSW) specifying a breach of lease, requiring remedy within a stated time and claiming compensation, so that a right of re-entry can later be enforced.
Letter of advice to a tenant on a proposed commercial or retail lease (NSW) (Letter, AI use Yellow). Advice letter to a tenant on a proposed NSW commercial or retail lease: key terms table, cost of occupancy, risk clauses (make good, relocation, demolition, assignment, guarantees), statutory protections and recommended amendments.
Verification checklist for AI-generated lease abstracts and critical-date reports (Checklist, AI use Yellow). Checklist for verifying AI-extracted lease data (rent, reviews, options, make good, critical dates) before it is relied on in advice, a due diligence report or a portfolio diary, with sampling rules and an audit trail.
Lease clause: smart-building data, surveillance devices and AI analytics (Clause, AI use Yellow). Lease clause allocating control of building and occupancy data, limiting landlord surveillance and AI analytics (including facial recognition), and setting privacy, security, access and deletion obligations.

All precedents for Commercial Property & Leasing. Signed-in accounts can read the full text.

Related jurisdictions

New Zealand United States