BARRISTERS BLOG : Property Law
Welcome to our Legal Blog Property Law with posts from expert barristers covering a vast range of jurisdictions, issues and updates in the law.
Public law claim not an “equity” for the purposes of an “in personam” claim”against title of a registered proprietor of land
- 09 April 2024
Repudiation by a landlord who failed to investigate a suspected defect: Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46 (26 March 2024)
- 03 April 2024
How can I have a mortgage discharged if the lender has been wound up?
- 15 November 2023
The Limitation of Actions Act and contribution claims under the Wrongs Act at VCAT
- 15 September 2023
Ongoing issues with VCAT’s jurisdiction and the length of VCAT’s lists
- 05 April 2023
2023 Case Law Update
- 22 March 2023
A lease is not retail unless it is ‘open to the public in the required sense’
- 19 July 2022
Are there any recent cases about Section 9AC of the Sale of Land Act and material changes to plans of subdivision before registration?
- 31 May 2022
Is it a good idea to use a template or precedent form of lease?
- 22 February 2022
First comments the new CTRS Regs
- 02 February 2022
Can parties to a mortgage agree to contract out of the statute of limitations?
- 02 September 2021
Who is responsible when external cladding fails in an apartment tower during a fire - Court of appeal?
- 04 June 2021
Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?
- 03 June 2021
CRTS extension has been gazetted and published
- 23 December 2020
First VCAT decision about the CTRS…
- 05 November 2020
Double win for the Tigers and a win for tenants in the Court of Appeal
- 19 October 2020
How far above ground level can an owner of land enforce their rights of ownership?
- 06 October 2020
Victorian Land Contracts - David Lloyd & William Rimmer
- 06 October 2020
Comments on and a summary of the new Regulations extending and amending the CTRS
- 30 September 2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up
- 25 September 2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death?
- 23 September 2020
How does the Supreme Court determine whether modification of a restrictive covenant would substantially injure those entitled to the benefit of the covenant?
- 08 September 2020
Can I claim compensation from a lawyer who lodges a caveat on behalf of his or her client?
- 25 August 2020
Options for landlords and tenants in the Covid-19 world? Part 2 & 3
- 23 March 2020
Who is responsible when external cladding fails in an apartment tower during a fire?
- 10 January 2020
Case Note: Golden Peak Developments (Albion) Pty Ltd v Moreland CC [2019] VCAT 1157
- 13 August 2019
The RLA 2003 permits a ‘late exit’ part 2
- 02 August 2019
Retail premises leases can “jump out” of the Retail Leases Act
- 01 August 2019
Holler for a Marshal?
- 21 May 2019
High Court affirms traditional test for enforcing oral contracts based on acts of part performance
- 20 November 2018
New “ipso facts” provisions in the Corporations Act and their application to landlords and tenants
- 12 September 2018
Estate agents’ commission fiasco to be fixed
- 26 June 2018
When will there be a concluded lease, and what compensation will be payable if the landlord wrongfully breaches the lease?
- 23 May 2018
Adverse Possession - Butler v Dickson & Dickson [2018] VCC 610
- 23 May 2018
VCAT jurisdiction over interstate residents
- 27 April 2018
VCAT loses jurisdiction to hear a dispute where a party is not resident in Victoria
- 24 April 2018
Real estate agents face claims for recovery of commissions
- 24 April 2018
Can a lease cease to be covered by the Retail Leases Act 2003 during its current term?
- 16 April 2018
Can I challenge an expert valuer's rental determination made under section 37 of the Retail Leases Act 2003?
- 16 April 2018
Commercial Tenancy Law 4th Edition
- 28 February 2018
What residential tenancy reforms are proposed in Victoria in 2018?
- 28 February 2018
What factors does the Family Court take into account when making property orders where one party to the marriage is under a disability?
- 27 February 2018
What factors does the Family Court take into account when making final property orders?
- 24 February 2018
OCs may be obliged to carry out works to upgrade access for persons with disabilities
- 18 February 2018
Challenging rental determinations because the valuer did not provide ‘detailed reasons’
- 08 February 2018
Can I lodge a second caveat if my first caveat is removed or lapses in Victoria?
- 19 December 2017
Practice Note - The High Court has refused special leave to appeal the CB Cold Storage case
- 15 December 2017
When does a deposit become a penalty?
- 17 November 2017
Practice Note - Contents of notice of default under s 27 of the RLA 2003
- 14 November 2017
Content of default notices under s27 of Retail Leases Act
- 10 November 2017
Practice note - Another application of the “ultimate consumer” test
- 03 November 2017
Are there any substantial amendments planned for the Transfer of Land Act 1958 (Vic)?
- 21 September 2017
Is a real estate agent an 'agent' for the purposes of a notice under the Sale of Land Act, 1962 (Part 2)?
- 16 August 2017
Court of Appeal dismisses appeal in the C B Cold Storage case – When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 4
- 06 July 2017
New definition of PPS Lease under the PPSA is now law
- 06 June 2017
New definition of PPS Lease under the PPSA is now law
- 06 June 2017
Luhan v Micallef [2017] VSC 246 - Equitable Remedies, Specific Performance, summarily grant of specific performance
- 16 May 2017
Scott-Mackenzie v Bail [2017] VSCA 108 (10 May 2017) - Step-child includes the child of a deceased’s domestic partner
- 16 May 2017
When will the PPSA be amended to extend the minimum duration of PPS leases to 2 years?
- 15 May 2017
The Tribunal’s power to make “any order it considers fair” is not unlimited
- 09 May 2017
Are there any proposed amendments to the Personal Property Securities Act 2009?
- 22 April 2017
Who will win in priority dispute between a mortgagee and a tenant (Part 5)?
- 22 April 2017
Who will win in a PPSA dispute over an unperfected security interest? Part two
- 05 March 2017
Practice note - When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 3
- 10 February 2017
Can parties to a Contract of Sale of Real Estate for a sale 'off the plan' agree to make the purchaser responsible for the costs of subdivision?
- 20 December 2016
ATO’s in-house facilitation: the good, the bad, the ugly
- 15 November 2016
Compensation Legislation Amendment Bill 2016
- 08 November 2016
Are there any recent cases about rent review clauses on the exercise of an option for a further term in Retail Leases in Victoria?
- 13 October 2016
Correcting errors on the plan of subdivision to change the boundary between two private lots
- 26 September 2016
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part three
- 11 August 2016
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part two
- 10 August 2016
Practice note: When is a road not a road?
- 10 July 2016
"Gross income from personal exertion” considered in Nicholson v Victorian WorkCover Authority [2016] VSCA 146
- 24 June 2016
Controversy resolved – but more tenants under 15 year leases lose protection of Retail Leases Act 2003 (Vic)
- 23 June 2016
‘or’ means ‘or’ in 15 year determination
- 14 June 2016
AirBnB guests occupied apartment under a lease
- 10 June 2016
Valuers must furnish detailed reasons for rental determinations under Retail Leases Act
- 02 June 2016
Andrew Sykes has been appointed to the panel of arbitrators for the Asian Domain Name Dispute Resolution Centre
- 09 May 2016
The power of FOI in negotiating repayment of arrears for PAYG, GST, SGC and income tax
- 05 April 2016
Tan v Russell now on austlii
- 21 March 2016
What are the new verification of identity provisions for non electronic land transactions in Victoria?
- 16 March 2016
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
- 18 December 2014
CASENOTE: ResMed Ltd v Australian Manufacturing Workers Union [2016] FWCFB 22 (18 January 2016)
- 16 February 2016
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 21 October 2015
Continuing problems with specialist retail valuers’ ‘no liability’ clauses
- 30 March 2015
Landlords’ ability to recover outgoings curtailed
- 01 May 2015
New VSBC guideline on ‘What are “retail premises”?’
- 31 March 2015
More on outgoings …
- 08 May 2015
Epping Hotel Pty Ltd v Serene Hotels Pty Ltd decision – the profits method and consideration of supplementary report approved
- 28 April 2015
Epping Hotel v Serene Hotels appeal
- 02 July 2015
Proprietary Estoppel and Reliance – Sidhu v Van Dyke
- 20 May 2014
Marathon for Bowel Cancer Australia
- 11 August 2014
Thank you
- 29 October 2014
ROOFTOP TERRACE REPLACED WITH?…AN APARTMENT.
- 23 February 2015
PLANNING AND THE VICTORIAN CHARTER OF HUMAN RIGHTS
- 06 June 2013
ANOTHER ROOF TOP. A DIFFERENT RESULT.
- 05 March 2015
TRIBUNAL CONSIDERS ITS JURISDICTION TO REVIEW 173 AGREEMENT
- 25 March 2015
Tenants should dispute rent nominated by landlord within time period specified in the lease
- 10 March 2015
When is electronic conveyancing going to happen in Victoria?
- 03 March 2015
Can an equitable interest take priority over a legal interest in Torrens law?
- 26 May 2015
Can a binding agreement to lease be created by email?
- 22 June 2015
Can a contract to purchase real estate be formed by email?
- 23 June 2015
QSC approval for amendment to trust vesting date
- 08 March 2015
Serene Hotels Pty Ltd v Epping Hotels Pty Ltd appeal dismissed
- 26 August 2015
Tribunal in error to draw new factual conclusion on review of private ruling
- 21 November 2015
Are there any recent Victorian Supreme Court cases about fraud under the Torrens legislation?
- 19 October 2015
Does a right to purchase an apartment off the plan in an undeveloped site create a caveatable interest?
- 20 January 2016
Vendor not entitled to interest on unpaid contract price where contract terminated
- 16 February 2016
Use of clinical records as evidence in serious injury applications – Court of Appeal update
- 22 February 2016
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 20 October 2015
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 21 October 2015
Is evidence by video link available to avoid arrest or departure prohibition orders?
- 07 March 2016
Noise from other lots
- 28 May 2012
Parking on common property
- 17 July 2012
Breach by a proxy holder and committee member’s immunity
- 30 August 2012
An OC fighting fund and resident’s action group
- 19 October 2012
OC responsibility for trees on common property
- 12 November 2012
Insurance obligations of an OC in multi-level buildings
- 04 April 2013
Unauthorised installation of private plant on common property
- 27 May 2013
Breach of OC Rules
- 15 August 2013
Which prevails – the OC rules or a licence over common property?
- 11 September 2013
Power of the OC to regulate the use of car spaces on private title
- 25 September 2013
Company Title (Home Units) Act 2013
- 01 October 2013
Removal of OC Manager
- 28 November 2013
An OC cannot make rules that discriminate against lot owners
- 18 December 2013
Altering the subdivision – the hoops have been removed
- 23 May 2014
Appointment of an administrator where the OC is dysfunctional
- 02 October 2014
OC not maintaining common property
- 03 October 2014
Latent defects and builder’s responsibility to the OC
- 08 October 2014
Where precisely are the lot boundaries?
- 16 October 2014
Neighbourhood disputes in company title properties
- 17 November 2014
Owners Corporation Amendment Bill 2013 – annual fees, special levies and the benefit principle
- 17 December 2014
Company Titles (Home Units) Act 2013 – enforcing duties of a service company
- 30 January 2015
Encroachment onto common propert
- 30 January 2015
Lot owner fined $10,000 for contempt
- 30 January 2015
Failure to pass a special resolution to commence legal proceedings
- 18 February 2015
Works to services and OC resolutions
- 19 March 2015
Maintenance charges for retirement villages
- 22 April 2015
Solicitor's Certificates - Tips and Traps
- 03 March 2016
OC Fees and bankruptcy
- 29 April 2015
Extraordinary items of expenditure requiring a special resolution
- 29 May 2015
Validity of proxies
- 05 June 2016
Retirement Village manager held in contempt
- 25 August 2015
Is the lot liability ‘just and equitable’?
- 15 September 2015
Leases over common property
- 06 November 2015
Unfair term provisions provide tenants with a new weapon
- 03 February 2016
CGT Event E1: Federal Court confirms breadth of meaning of creation of trust ‘by declaration or settlement’
- 02 September 2015
Small Business Commissioner’s application for advice heard, Justice Garde has reserved
- 06 February 2015
Is a student accommodation business a retail premises lease under the Retail Leases Act 2003 (Vic)?
- 27 January 2015
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
- 18 December 2014
Will NSW also adopt the Verification of identity requirements by mortgagees?
- 17 December 2014
“Claw back” of lease incentives thrown into doubt
- 18 November 2014
Date of termination confirmed as the date for assessing damages for breach of contract for sale of land
- 17 November 2014
Expert Opinion Evidence: Inquiry, Preparation, Admissibility and Weight
- 18 November 2014
Lost trust deeds
- 12 November 2014
Part 2 – Standard of repair under s 52 of the Retail Leases Act 2003 (Vic)
- 10 November 2014
Justice Legislation Amendment (Succession and Surrogacy) Bill 2014
- 28 October 2014
A general update for the leasing community…
- 12 October 2014
Mortgagor verification rules now in force in Victoria
- 08 October 2014
Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land
- 25 September 2014
The main residence exemption is like a fairy tale!
- 24 September 2014
Charging Costs on a Recovery Basis
- 22 September 2014
Justice Legislation Amendment (Succession and Surrogacy) Bill 2014
- 02 September 2014
NSW Court departs from general rule on drawing down of bank guarantees
- 29 August 2014
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
- 20 August 2014
Bill amending Part IV of the Administration and Probate Act 1958
- 25 August 2014
Franchisor’s internet trading breaches restraint clause
- 19 August 2014
Crimes, penalties and personal liability in the C to E suites
- 31 July 2014
Franchisees beware of arbitration clauses
- 01 July 2014
VCAT is a “court” and therefore arbitration clause effective
- 02 July 2014
Mortgagee lender does not have duty of care to ensure that a loan is appropriate for borrower
- 01 July 2014
Small Business Commissioner makes application for advisory opinion on the effect of s 251 of the Building Act
- 25 June 2014
When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)?
- 25 June 2014
More on Calderbank offers in the retail tenancies list
- 23 June 2014
Parties can agree to higher standard than that imposed by s.52 of Retail Leases Act
- 17 June 2014
Undertaking as to damages must not be a ritual or a formality
- 11 June 2014
Mortgagor fails in last minute bid to stop auction
- 05 June 2014
Can I obtain an injunction to restrain the imminent mortgagee auction of land?
- 04 June 2014
Landlord’s consideration of proposed assignment must be “reasonable”
- 02 June 2014
More on a mortgagee's duty to a mortgagor on a mortgagee sale
- 29 May 2014
Section 32 statements need not be attached to contract of sale
- 29 May 2014
“Terms contract” anomaly confirmed
- 23 May 2014
Mortgagee allowed to sell luxury mansion in Toorak - part of an ongoing saga
- 27 May 2014
Review of the PPS Act
- 19 May 2014
When can a borrower challenge the lender's legal costs?
- 20 May 2014
Lending to mature aged borrowers
- 19 May 2014
Proprietary estoppel – estopped party does not have to disprove reliance
- 19 May 2014
Entering Default Judgment - A Caution
- 20 May 2014
Tenants beware of onerous “make good” obligations
- 28 March 2014
Overstatement of amount owed does not make s.76 notice invalid
- 21 March 2014
Dispute resolution in Retail and Commercial Leasing
- 19 March 2014
Section 243 of Australian Consumer Law gives tenants a powerful weapon
- 13 March 2014
$1,000,000 in damages for loss of sperm even though purchaser not out of pocket
- 26 February 2014
A significant VCAT decision for rental determinations under the RLA
- 12 February 2014
New Australian edition of classic mortgage text
- 31 January 2014
Settlement terms caught by prohibition on payment of “key-money”
- 24 January 2014
The Abolition of Suspended Sentencing – The Stages
- 20 January 2014
When does the PPSA transitional period end?
- 19 December 2013
High Court visits waiver of privilege by inadvertent disclosure
- 09 December 2013
Landlord’s liquidator can disclaim tenant’s lease
- 03 December 2013
Willmott appeal dismissed – landlord’s Liquidators may disclaim leases
- 03 December 2013
VCAT applies general law principles in property partition under Part IV
- 03 December 2013
A how-to guide for small business break-ups
- 29 November 2013
VCAT not bound to refer matters to arbitration
- 21 October 2013
Management fees – Practice Note for LIV’s November 2012 lease revision
- 21 October 2013
Arbitration clause ineffective to oust VCAT’s jurisdiction
- 18 October 2013
Who will win in priority dispute between a mortgagee and a tenant (Part 3)?
- 09 October 2013
Who will win in a priority dispute between a mortgagee and a tenant (Part 2)?
- 09 October 2013
Who will win in a priority dispute between a mortgagee and a tenant (Part 1)?
- 09 October 2013
How to remove a trustee
- 09 October 2013
Costs of essential safety measures and s 251 of the Building Act
- 02 October 2013
Off the Plan Sales - How to Avoid Them & When to Enforce Them
- 13 September 2013
Is a stated intention to exercise an option sufficient to create a new agreement to lease? Part 2
- 05 September 2013
Service station leases – a Victorian perspective
- 04 September 2013
What is a retail premises? The ultimate consumer test.
- 03 September 2013
Strategic Use of Guarantees
- 14 August 2013
Wingfoot & Anor v Kocak and the Medical Panel
- 15 August 2013
Waving goodbye to waiver
- 13 August 2013
Are there any recent cases about PPS leases and the PPSA?
- 04 March 2016
Principles Of International Humanitarian Law co-authored by Kylie Weston-Scheuber
- 29 July 2013
Personal Property Securities Act - who will win a priority dispute between an equipment financier and a general financier?
- 18 July 2013
Update: Out of Pocket Legal Costs as a Head of Damages: Rosa v Galbally & O’Bryan
- 26 June 2013
When should a solicitor lodge a caveat, and what are the best ways to remove a caveat?
- 19 June 2013
Derek Percy and the rules of evidence in the Coroners Court
- 10 September 2013
Jury Trial in an OHS matter – Steelfield
- 15 May 2013
Advisers must consider registration of leases
- 15 May 2013
Disclaimer of a lease by a landlord’s liquidator – Growers granted special leave to appeal
- 11 May 2013
How can I obtain leave to appeal from VCAT on a question of law?
- 08 May 2013
Issuing in VCAT without mediating at the Small Business Commissioner – proceedings ‘in the nature of an injunction’
- 30 April 2013
Who will win in a priority dispute between a secured creditor and a judgment creditor?
- 23 April 2013
Retail Leases Regulations 2013 (Vic) commence today
- 22 April 2013
Be wary of unrepresented parties at mediations
- 18 April 2013
Landlord liable to pay compensation under s.54 of Retail Leases Act
- 18 April 2013
Who will win in a priority dispute between 2 defrauded lenders?
- 16 April 2013
What happens if a lender misleads a borrower or a guarantor?
- 14 April 2013
Are there any recent decisions about the priorities between mortgagees?
- 12 April 2013
Notice of Minister’s decision about the Retail Leases Regulations 2013 (Vic)
- 12 April 2013
Proportionate liability – the landscape has changed
- 04 April 2013
Free pass to the Legalwise Contracts Conference – 28 March 2013
- 11 March 2013
Submissions on the proposed Retail Leases Regulations 2013 and the Regulatory Impact Statement are invited
- 25 February 2013
Is there anything to gain from winding up a trustee company?
- 23 February 2013
Are there any recent cases about unconscionable conduct and infatuation?
- 14 February 2013
Damages assessed on breach of collateral contract to grant a new term
- 08 February 2013
Recovery of outgoings and the November 2012 LIV Lease
- 06 February 2013
Welcome to 2013
- 29 January 2013
Tenant cannot question the landlord’s title
- 24 January 2013
Latest on harm minimisation in liquor licensing
- 07 January 2013
Whether to issue in VCAT or Court for arrears of rent under a retail premises lease?
- 18 December 2012
When does a refusal of a further offer from a defaulting purchaser amount to a failure to mitigate?
- 10 December 2012
Are there any proposed changes to section 32 (vendor) statements?
- 10 December 2012
Can the sheriff sell land in Victoria without a reserve - part 2?
- 07 December 2012
Can the sheriff sell land in Victoria without a reserve - part 1?
- 07 December 2012
Managed Investment Schemes: The High Court says you can’t contract out of Chapter 5C protections
- 05 December 2012
New decision touching on s 251 of the Building Act – part 2
- 29 November 2012
Construction of Trust Deeds
- 11 November 2012
When a landlord can resist the exercise of an option by a retail tenant
- 09 November 2012
Are there any cases decided under the PPSA - part 2?
- 31 October 2012
Casenote: Warrell v Fair Work Australia [2012] FCA 267
- 30 March 2012
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
- 17 October 2012
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
- 17 October 2012
PPSR data migration issues update
- 16 October 2012
Can the Commissioner of Taxation receive the proceeds of sale of land in priority to a registered mortgagee?
- 17 October 2012
Mark Brennan appointed as inaugural Federal Small Business Commissioner
- 17 October 2012
Land area of no consequence in determining whether premises are “retail premises”
- 12 October 2012
More on the Willmott decision – disclaimer of a contract of sale of land?
- 10 October 2012
No easy answers to whether premises are “retail premises”
- 11 October 2012
Proof in tracing claims – build a compelling narrative
- 21 September 2012
Retail Tenancies Amendment Bill 2012
- 13 September 2012
In what circumstances can a liquidator of a landlord disclaim a lease?
- 13 September 2012
Oppression and unit trusts – Wain v Drapac
- 11 September 2012
The law of penalties – Andrews v ANZ Bank
- 10 September 2012
Can I see the notes?…..issues raised by enforcement proceedings.
- 09 September 2012
More on disclaimer of a lease – part 2
- 07 September 2012
The Mortgagee’s Power Sale 3rd edition out soon
- 07 September 2012
The Mortgagee’s Power of Sale out soon
- 05 September 2012
More on disclaimer of a lease
- 05 September 2012
Disclaimer of a lease by the landlord’s liquidator – part 2
- 03 September 2012
Can a landlord pass to the tenant the costs of complying with the Building Act?
- 31 August 2012
Farewell Landlord and Tenant Act
- 30 August 2012
Is a serviced apartment a retail premises lease? Part 2
- 27 August 2012
VCAT Adjournments……be ready to proceed.
- 27 August 2012
Are there any recent decisions about the enforcement of forged loan documents?
- 23 August 2012
Are there any recent cases on 'Severance of joint tenancies'?
- 21 August 2012
Are there any recent decisions clarifying unconscionable conduct by a mortgagee?
- 22 August 2012
Personal Property Securities Act further update
- 17 August 2012
What are a developer vendor's obligations to use its best endeavours to obtain registration of a plan of subdivision in a timely fashion?
- 03 August 2012
New information sheets from the Office of the Small Business Commissioner – options and assignments
- 31 July 2012
Is there a recent court decision finding lenders negligent?
- 16 July 2012
Is asset-based lending doomed in Victoria and Australia?
- 13 July 2012
Recovery of the cost of essential safety measures and s 251 of the Building Act part II
- 12 July 2012
Can the landlord pass on the costs of complying with the Building Act?
- 12 July 2012
Consequences of repeal of Fair Trading Act
- 02 July 2012
Farewell to the Fair Trading Act
- 01 July 2012
Recovery of the cost of essential safety measures and s 251 of the Building Act
- 05 June 2012
Retail Leases Seminar
- 31 May 2012
Is a serviced apartment a retail premises lease?
- 30 May 2012
“CONTROL” and its impact on the harmonization laws – Baiada Poultry
- 24 May 2012
Installation of Smart Meters not “works”
- 23 May 2012
Disclaimer of a lease by the landlord’s liquidator does not extinguish the tenant’s property – part II
- 23 May 2012
Developing the inner city – use of lane ways
- 24 April 2012
What is the effect of the Personal Property Securities Act on conveyancing and leasing?
- 24 April 2012
The PPSA – where does one start?
- 20 April 2012
Calderbank offers in the retail tenancies list
- 19 April 2012
More on s 251 of the Building Act
- 16 April 2012
Can the landlord require the tenant to pay the costs of complying with s 251 of the Building Act?
- 13 April 2012
The tenants’ new weapon – s.251 of the Building Act 1993
- 12 April 2012
VCAT approves energy project (Dual Gas Pty Ltd v EPA)
- 30 March 2012
Recent developments in Property Law
- 30 March 2012
“Standing” considered by VCAT
- 28 March 2012
Article on complaints about franchising laws in the Age
- 27 March 2012
New form of contract of sale of real estate
- 21 March 2012
Beware national lease registration system
- 26 March 2012
Article in thenewlawyer.com.au about uniform national Torrens System legislation
- 23 March 2012
Amendment of restrictive covenant in Ivanhoe East declined
- 16 March 2012
What's hot in mortgage enforcement?
- 13 March 2012
‘Use’ in an Alpine lease defined – part II
- 14 January 2012
New Ministerial determination excludes New Zealand companies from the Retail Leases Act 2003 (Vic) – Part II
- 05 January 2012
‘Use’ in an Alpine lease defined
- 14 December 2011
Deputy President MacNamara of VCAT appointed as a County Court Judge
- 07 February 2012
New Ministerial determination excludes New Zealand companies from the Retail Leases Act 2003 (Vic)
- 04 January 2012
More on the impact of online trading on retail rents
- 06 February 2012
Strict Liability for Native Vegetation Removal
- 12 December 2011
Section 172 of Property Law Act explained
- 09 December 2011
Meaning of “terms contract” examined
- 09 December 2011
Ancillary Use – The Tests discussed
- 01 December 2011
Summary judgment for possession easier under Civil Procedure Act 2010 (Vic) – Dattner v Wharton [2011] VSC 610
- 30 November 2011
Relief against forfeiture II – Lorgenredlich Pty Ltd v Cappadona (Retail Tenancies) [2011] VCAT 1668
- 30 November 2011
Recent cases on costs under the Retail Leases Act 2003 – Part II
- 28 November 2011
Swanton’s case doubted
- 27 November 2011
Recent cases on under the Retail Leases Act 2003 – Part I
- 28 November 2011
Landlords beat administrators and obtain possession under s.440C of Corporations Act
- 27 November 2011
Beware of lease variations
- 21 November 2011
Michael Redfern
- 05 March 2012
Surrender and re-grant leading to recovery of land tax
- 16 November 2011
Relief against forfeiture – V & O Princi Pty Ltd v Prestige Holdings Group Pty Ltd & Anor [2010] VSC 627
- 14 November 2011
Personal Property Securities Act commences 30 January 2012
- 25 January 2012
Major victory for tenants in landlord’s liquidation
- 09 February 2012
Proportionate Liability – Wheelahan v City of Casey & Ors
- 30 October 2011
Sub-tenant obtains relief against forfeiture of head lease
- 30 October 2011
How does a tenant obtain relief against forfeiture of its lease? (Part 2)
- 29 October 2011
Personal Property Securities start date may be deferred again!
- 24 October 2011
Disclaimer of a lease not possible by the landlord’s liquidator
- 08 February 2012
Applications for contempt of Tribunal
- 27 February 2012
Ministerial determination valid
- 25 October 2011
How does a tenant obtain relief against forfeiture of its lease? (Part 1)
- 20 October 2011
FEA decision – special leave application filed
- 17 October 2011
Will the new 'landholder' model of land tax in Victoria affect me?
- 17 October 2011
A warrant for possession can only be executed once
- 22 February 2012
Severance of joint tenancies update
- 14 February 2012
Third floor determination
- 11 October 2011
New Small Business Commissioner appointed
- 11 October 2011
Third floor determination part 3
- 09 October 2011
Ministerial determination not invalid
- 09 October 2011
Third floor determination – part II
- 07 October 2011
Third floor determination not a valid exercise of power
- 06 October 2011
Robert Hay’s post – Breach of s 52 can amount to repudiatory conduct
- 03 October 2011
Intensification of Use – update on Amendments to Planning Permits
- 01 October 2011
Existing Use Rights
- 29 September 2011
When will the Personal Properties Securities Act 2009 commence?
- 28 September 2011
Recent press over shopping centre leases
- 26 September 2011
Link to article on disclosure to WA retail tenants
- 29 September 2011
Adverse possession of disused laneways
- 16 September 2011
Can a landlord’s failure to comply with s.52 consitute repudiatory conduct?
- 09 September 2011
When can a landlord call on a bank guarantee provided by a tenant who defaults under the lease?
- 18 September 2011
What effect does the Personal Property Securities Act 2009 have on retention of title clauses?
- 12 September 2011
Put in repair obligations not contrary to s.52 of the Retail Leases Act 2003
- 08 September 2011
Relief from forfeiture of a franchise agreement
- 07 September 2011
Timing is everything! Start date for PPSA deferred (again!)
- 04 September 2011
How does the new Personal Property Securities Act 2009 affect me?
- 04 September 2011
When to demolish?
- 10 May 2011
Key-money and assignments under the Retail Leases Act 2003 (Vic)
- 25 August 2011
Standard of repair under s 52 of the Retail Leases Act 2003 (Vic)
- 23 August 2011
Paying rent “without deduction” – the Full Court decision in Norman; re Forest Enterprises Limited v FEA Plantations Ltd [2011] FCAFC 99
- 09 August 2011
Legal costs under s 92 of the RLA 2003 when lease less than 1 year
- 09 August 2011
Article – interview of Mark McInnes
- 08 August 2011
Some comments on the new disclosure statement under the Retail Leases Act 2003 (Vic)
- 05 August 2011
Liability of replacement RE for damages for breach of the lease. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 28 July 2011
Multi-scheme leases. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 25 July 2011
Relief would not have been granted in any event – Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 20 July 2011
Managed Investment Scheme discussion paper
- 15 July 2011
Does the replacement RE take its claim subject to equities against the old RE? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 12 July 2011
Does a right to seek relief from forfeiture transfer under ss 601FS and 601FT of the Corporations Act? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 08 July 2011
Exercising an option out of time: Weemah Park Pty Ltd v Glenlaton Investments Pty Ltd [2011] QCA 150 (24 June 2011)
- 05 July 2011
“Reasonable time” in a s 146 notice – Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 04 July 2011
Termination of leases and relief from forfeiture – Lontav Pty Ltd v Pineross Custodial Services [2011] VSC 278
- 29 June 2011
Amendment to Retail Leases Act 2003 – definition of “accountant”
- 27 June 2011
Is the breach capable of remedy? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 27 June 2011
Part 2 – Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic)
- 21 June 2011
Timbercorp Almonds decision – BOSI Security Services Limited v Australia and New Zealand Banking Group Limited & Ors [2011] VSC 255
- 21 June 2011
Proof of events of default and an overarching breach? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 21 June 2011
The compensation requirement in a s 146 notice. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242
- 16 June 2011
Validity of s 146 notices? Primary RE Ltd v Great Southern Property Holdings Ltd
- 14 June 2011
Primary RE Ltd v Great Southern Property Holdings Ltd & Ors – enforceability of maintenance obligations
- 13 June 2011
Primary RE Ltd v Great Southern Property Holdings Ltd – are purported forestry rights in fact leases?
- 12 June 2011
“Hotel” does not require accomodation
- 31 May 2011
Business records provided to assignee – s 60(1)(d) of the Retail Leases Act 2003 (Vic)
- 27 May 2011
Withholding consent to assignment of a retail premises lease
- 27 May 2011
Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic)
- 20 May 2011
Can the costs of repair and maintenance be recovered as an outgoing?
- 20 May 2011
The danger of WorkSafe notices when repair and maintenance is required
- 20 May 2011
Setting off costs of capital works
- 12 May 2011
Is an eBay business a retail premises?
- 27 April 2011
New disclosure statement – Retail Leases Act 2003 (Vic)
- 18 April 2011
Section 146 notices, relief against forfeiture and ss 601FS and 601FT of the Corporations Act
- 15 April 2011
Rent payable “without deduction”
- 07 April 2011
Goods left on premises after the expiry or termination of a lease
- 29 August 2011
Further elaborations on s.52 of the Retail Leases Act
- 22 August 2011
Setting off damages claims against the rent
- 09 August 2011
Quirk in s.64 nothing to get excited about
- 08 August 2011
Deposits in sales of land
- 04 August 2011
Amending the “interest” claimed in a caveat
- 28 July 2011
What is a ‘tenant in possession”: s42(2)(e) of TLA
- 20 July 2011
s.42(2)(e) of Transfer of Land Act 1958
- 19 July 2011
Section 146 notices
- 14 July 2011
The fog is beginning to clear
- 13 July 2011
Is a purchaser of land bound by covenants in a lease?
- 06 July 2011
What is the effect of a nominee clause?
- 04 July 2011
Everything must be in writing
- 03 July 2011
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
- 24 August 2011
What do I need to know about VCAT’s Exclusive Jurisdiction over Retail Leases?
- 20 August 2011
Section 52 – when is the lease “entered into”?
- 03 July 2011
A warrant for possession can only be executed once – Part II
- 22 February 2012
Chapel Street Signage – Limits on permit conditions
- 01 September 2011
Tenants wins claim for new 5 year term
- 05 March 2012
High Court refuses to consider a mortgagee's duties on sale of mortgaged land
- 31 January 2012
No s.146 notice required for contractual right to terminate
- 07 February 2012
Moreland Planning Scheme Amended
- 17 February 2012
Registrar of Titles fails to comply with Model Litigant Guidelines
- 20 September 2011
