Transferring Property Obligations: Nomination, Assignment and Novation

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


Kevin Glover, Barrister, Shortland Chambers
Robert Huse, Partner, Anderson Lloyd


Although a common feature of many property transactions, the uses and potential pitfalls of nomination, assignment and novation are not always well understood.

These materials consider the similarities and differences between each option and how they may affect common property agreements.

These materials will help you

  • Learn about the different consequences of nominating, assigning or novating common property contracts, how third parties may be affected and the impact of the Contract and Commercial Law Act 2017.
  • Better understand the practical issues of using nomination, assignment and novation with reference to the ADLS Agreement for Sale and Purchase of Real Estate, including OIO, AML and GST considerations, as well as the assignment of LIMs and other Due Diligence information.
  • Gain insights into the assignment and sub-leasing provisions of the ADLS Agreement to Lease and Deed of Lease, including the requirement of landlord consent, potential requirements of bank and personal guarantees and the possibility of novating (surrendering and re-entering) a lease rather than assigning.

Intended audience

Property lawyers and legal executives. Commercial lawyers may also find the webinar beneficial.

Publication dateJuly 2019
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: W0230/P
ADLS Members $ 33.91
Non-Members (lawyer) $ 45.22
Non-Members (public) $ 45.22
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