BLOG AUTHOR : Samuel Hopper
Welcome to our Legal Blog with posts from expert barristers covering a vast range of jurisdictions, issues and updates in the law.
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
A new practice for listing trials in the Building and Property List at VCAT
- 28 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
A lease is not retail unless it is ‘open to the public in the required sense’
- 19 July 2022
First comments the new CTRS Regs
- 02 February 2022
CTRS Regulations – 30 September 2021 is approaching fast …
- 23 September 2021
CTRS Regulations – My First Comments
- 24 August 2021
Wait times in the Building and Property list at VCAT
- 20 August 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
Comments on and a summary of the new Regulations extending and amending the CTRS
- 30 September 2020
A recent UK Supreme Court case about frustration of leases – Canary Wharf (BP4) T1 Ltd v European Medicines Agency[2019] EWHC 335 (Ch)
- 25 March 2020
Hong Kong case on frustration of a residential lease during SARS closure
- 24 March 2020
Options for landlords and tenants in the Covid-19 world? Part 2 & 3
- 23 March 2020
Options for landlords and tenants in the Covid-19 world?
- 23 March 2020
New Ministerial determination exempting farm leases from the RLA 2003
- 01 November 2019
The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000
- 18 September 2019
Retail leasing post-C.B. Cold Storage Part 1: Koga Nominees Pty Ltd v Loscam Australia Pty Ltd & Ors [2018] VSC 455
- 03 September 2019
The RLA 2003 permits a ‘late exit’ part 2
- 02 August 2019
New decision and the cost of s 52(2) RLA 2003 repairs
- 07 May 2019
New “ipso facts” provisions in the Corporations Act and their application to landlords and tenants
- 12 September 2018
VCAT jurisdiction over interstate residents
- 27 April 2018
Challenging rental determinations because the valuer did not provide ‘detailed reasons’
- 08 February 2018
Practice Note - The High Court has refused special leave to appeal the CB Cold Storage case
- 15 December 2017
Practice Note - Contents of notice of default under s 27 of the RLA 2003
- 14 November 2017
Practice note - Another application of the “ultimate consumer” test
- 03 November 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
Practice Note - Ministerial Determination overseas listed companies and their subsidiaries Part 2
- 26 February 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
Practice note - When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 2
- 14 November 2016
Ministerial Determination overseas listed companies and their subsidiaries
- 07 September 2016
Practice note: When is a road not a road?
- 10 July 2016
‘or’ means ‘or’ in 15 year determination
- 14 June 2016
Practice note - Part 2- Appeal – is an Airbnb guest a sub-tenant?
- 10 June 2016
Appeal – is an Airbnb guest a sub-tenant?
- 02 May 2016
A hidden trap in s 28 notices
- 28 March 2016
Hopeless proceeding can result in a cost order under Retail Leases Act 2003 (Vic)
- 25 August 2015
Continuing problems with specialist retail valuers’ ‘no liability’ clauses
- 30 March 2015
Lessor’s purpose for demolishing leased building is irrelevant
- 18 February 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
Retail tenant wins VCAT fight but gets nil damages and an adverse costs order
- 14 May 2015
Epping Hotel v Serene Hotels appeal
- 02 July 2015
Serene Hotels Pty Ltd v Epping Hotels Pty Ltd appeal dismissed
- 26 August 2015
Standard of repair under s 52 of the RLA 2003 and repudiation by a landlord
- 06 October 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
Part 2 – Standard of repair under s 52 of the Retail Leases Act 2003 (Vic)
- 10 November 2014
A general update for the leasing community…
- 12 October 2014
Landlords’ ability to sue retail tenants’ guarantors at VCAT to be clarified
- 16 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
A significant VCAT decision for rental determinations under the RLA
- 12 February 2014
Do tenants still need mortgagee’s consent to lease in light of the Willmott decision?
- 09 December 2013
Willmott appeal dismissed – landlord’s Liquidators may disclaim leases
- 03 December 2013
Is a franchisee’s outlet licence a retail premises lease?
- 22 October 2013
Costs of essential safety measures and s 251 of the Building Act
- 02 October 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
Willmott appeal heard
- 13 August 2013
Finding the ‘current’ versions of the 1986 and 1998 Acts
- 12 August 2013
Disclaimer of a lease by a landlord’s liquidator – Growers granted special leave to appeal
- 11 May 2013
Issuing in VCAT without mediating at the Small Business Commissioner – proceedings ‘in the nature of an injunction’
- 30 April 2013
Retail Leases Regulations 2013 (Vic) commence today
- 22 April 2013
Notice of Minister’s decision about the Retail Leases Regulations 2013 (Vic)
- 12 April 2013
Landlords’ right to call on a bank guarantee before a dispute is determined
- 04 April 2013
Is a stated intention to exercise an option sufficient to create a new agreement to lease?
- 28 March 2013
Submissions on the proposed Retail Leases Regulations 2013 and the Regulatory Impact Statement are invited
- 25 February 2013
Landlord’s possessory lien over tenant’s goods
- 23 February 2013
Updated statutory information brochure on Small Business Commissioner’s website
- 09 January 2013
Whether to issue in VCAT or Court for arrears of rent under a retail premises lease?
- 18 December 2012
New decision touching on s 251 of the Building Act – part 2
- 29 November 2012
New decision touching on s 251 of the Building Act
- 29 November 2012
Retail Leases Amendment Act 2012 (Vic) commences tomorrow
- 19 November 2012
When a landlord can resist the exercise of an option by a retail tenant
- 09 November 2012
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
- 17 October 2012
Mark Brennan appointed as inaugural Federal Small Business Commissioner
- 17 October 2012
More on the Willmott decision – disclaimer of a contract of sale of land?
- 10 October 2012
Willmott special leave to appeal application filed
- 04 October 2012
Retail Tenancies Amendment Bill 2012
- 13 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
More on disclaimer of a lease
- 05 September 2012
Disclaimer of a lease by the landlord’s liquidator – part 2
- 03 September 2012
Is a serviced apartment a retail premises lease? Part 2
- 27 August 2012
New information sheets from the Office of the Small Business Commissioner – options and assignments
- 31 July 2012
Recovery of the cost of essential safety measures and s 251 of the Building Act part II
- 12 July 2012
Recovery of the cost of essential safety measures and s 251 of the Building Act
- 05 June 2012
Is a serviced apartment a retail premises lease?
- 30 May 2012
Disclaimer of a lease by the landlord’s liquidator does not extinguish the tenant’s property – part II
- 23 May 2012
Calderbank offers in the retail tenancies list
- 19 April 2012
More on s 251 of the Building Act
- 16 April 2012
Termination when tenant’s guarantor made bankrupt part II
- 23 March 2012
Article on complaints about franchising laws in the Age
- 27 March 2012
Article in thenewlawyer.com.au about uniform national Torrens System legislation
- 23 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
Relief from forfeiture III – Lontav Pty Ltd v Pineross Custodial Services Pty Ltd [2011] VSC 278 (Hargreaves J)
- 12 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
Recent cases on under the Retail Leases Act 2003 – Part I
- 28 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
Disclaimer of a lease not possible by the landlord’s liquidator
- 08 February 2012
FEA decision – special leave application filed
- 17 October 2011
A warrant for possession can only be executed once
- 22 February 2012
Third floor determination
- 11 October 2011
New Small Business Commissioner appointed
- 11 October 2011
Third floor determination part 3
- 09 October 2011
Third floor determination – part II
- 07 October 2011
Third floor determination not a valid exercise of power
- 06 October 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
Relief from forfeiture of a franchise agreement
- 07 September 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
Quirk in s.64 nothing to get excited about
- 08 August 2011
A warrant for possession can only be executed once – Part II
- 22 February 2012
Article in The Age on the impact of online trading on retail shopping centres
- 05 February 2012
