BLOG AUTHOR : Robert Hay KC
Welcome to our Legal Blog 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
New Publication: Commercial Tenancy Law, 5th edition
- 16 January 2024
The Mortgagee’s Power of Sale
- 18 October 2019
“Retail premises leases” cannot jump out of the Retail Leases Act 2003
- 04 October 2019
Retail premises leases can “jump out” of the Retail Leases Act
- 01 August 2019
High Court affirms traditional test for enforcing oral contracts based on acts of part performance
- 20 November 2018
Estate agents’ commission fiasco to be fixed
- 26 June 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
‘Ultimate consumer test' remains one of the indicia of the retail provision of services
- 15 December 2017
When does a deposit become a penalty?
- 17 November 2017
Content of default notices under s27 of Retail Leases Act
- 10 November 2017
Retail Leases Act 2003 (Vic) likely to apply where tenant provides a service
- 09 February 2017
Controversy resolved – but more tenants under 15 year leases lose protection of Retail Leases Act 2003 (Vic)
- 23 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
Tan v Russell now on austlii
- 21 March 2016
Tenants should dispute rent nominated by landlord within time period specified in the lease
- 10 March 2015
Wife’s title as joint proprietor with husband not defeasible by reason of husband’s fraud
- 17 March 2015
Landlord cannot recover essential safety measure costs or the costs of complying with s.52 of Retail Leases Act 2003 (Vic)
- 30 April 2015
“Profits method” of rental valuation does not breach s.37 of Retail Leases Act 2003
- 28 April 2015
Vendor not entitled to interest on unpaid contract price where contract terminated
- 16 February 2016
Landlord cannot recover essential safety measure costs or the costs of complying with s.52 of Retail Leases Act 2003 (Vic)
- 01 May 2015
Landlords likely to consider gross leases
- 01 May 2015
Hopeless proceeding can result in a cost order under Retail Leases Act 2003 (Vic)
- 25 August 2015
Unfair term provisions provide tenants with a new weapon
- 03 February 2016
Lessor’s purpose for demolishing leased building is irrelevant
- 18 February 2015
Solak not followed in Victorian fraud case
- 06 February 2015
“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
Rent reviews – mandatory or at the landlord’s discretion?
- 13 November 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
NSW Court departs from general rule on drawing down of bank guarantees
- 29 August 2014
Franchisor’s internet trading breaches restraint clause
- 19 August 2014
Beware lodging caveat ‘without reasonable cause’
- 13 August 2014
Implied term that vendor must act in a reasonable manner when selling land pursuant to liquidated damages clause
- 11 August 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
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
Landlord’s consideration of proposed assignment must be “reasonable”
- 02 June 2014
Section 32 statements need not be attached to contract of sale
- 29 May 2014
“Terms contract” anomaly confirmed
- 23 May 2014
Proprietary estoppel – estopped party does not have to disprove reliance
- 19 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
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
Settlement agreements must be genuine compromises
- 28 January 2014
New Australian edition of classic mortgage text
- 31 January 2014
Settlement terms caught by prohibition on payment of “key-money”
- 24 January 2014
Landlord’s liquidator can disclaim tenant’s lease
- 03 December 2013
VCAT applies general law principles in property partition under Part IV
- 03 December 2013
Section 32 statements should disclose leases
- 30 October 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
Real estate agent not authorised to accept termination notice given under s.31 of Sale of Land Act 1962
- 15 March 2016
Most tenants who provide services engaged in “retail provision of services”
- 10 July 2013
Advisers must consider registration of leases
- 15 May 2013
Changes to excluded retail premises
- 23 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
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
Tenant cannot question the landlord’s title
- 24 January 2013
Option not exercised because of default
- 24 January 2013
The Mortgagee’s Power of Sale available
- 06 December 2012
More on essential safety measures and cost recovery
- 24 October 2012
Land area of no consequence in determining whether premises are “retail premises”
- 12 October 2012
No easy answers to whether premises are “retail premises”
- 11 October 2012
Tenant seeks to overturn VCAT’s exclusive jurisidiction
- 10 October 2012
The Mortgagee’s Power of Sale out soon
- 05 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
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
The PPSA – where does one start?
- 20 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
The awarding of costs when Fair Trading Act claims are included in retail tenancy disputes
- 12 April 2012
Beware national lease registration system
- 26 March 2012
Tenants need the protection of s.146 of the Property Law Act
- 22 March 2012
Section 172 of Property Law Act explained
- 09 December 2011
Meaning of “terms contract” examined
- 09 December 2011
Why no requirement for a s.146 notice?
- 09 February 2012
Swanton’s case doubted
- 27 November 2011
Landlords beat administrators and obtain possession under s.440C of Corporations Act
- 27 November 2011
Beware of lease variations
- 21 November 2011
Major victory for tenants in landlord’s liquidation
- 09 February 2012
Sub-tenant obtains relief against forfeiture of head lease
- 30 October 2011
Ministerial determination valid
- 25 October 2011
Ministerial determination not invalid
- 09 October 2011
Robert Hay’s post – Breach of s 52 can amount to repudiatory conduct
- 03 October 2011
Breach of s.52 can amount to repudiatory conduct
- 03 October 2011
Detailed examination required to determine if a tenant has parted with possession of leased premises
- 29 September 2011
Tenancy in common trumps joint tenancy
- 26 September 2011
Can a landlord’s failure to comply with s.52 consitute repudiatory conduct?
- 09 September 2011
Put in repair obligations not contrary to s.52 of the Retail Leases Act 2003
- 08 September 2011
Whoops! Error in start date for Part 2D
- 30 August 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
Deposits in sales of land
- 04 August 2011
Amending the “interest” claimed in a caveat
- 28 July 2011
Deemed assignments and landlord’s consent
- 27 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
Section 52 – when is the lease “entered into”?
- 03 July 2011
Tenants wins claim for new 5 year term
- 05 March 2012
No s.146 notice required for contractual right to terminate
- 07 February 2012
Relief against forfeiture of an option to renew not available to a tenant
- 30 September 2011
Registrar of Titles fails to comply with Model Litigant Guidelines
- 20 September 2011
Collateral contract not a disposition of an interest in land
- 05 March 2012
