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.

Practice Note - Contents of notice of default under s 27 of the RLA 2003

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Practice note - Another application of the “ultimate consumer” test

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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

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Practice Note - Ministerial Determination ­ overseas listed companies and their subsidiaries ­ Part 2

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Practice note - When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 3

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Practice note - When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 2

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Ministerial Determination ­overseas listed companies and their subsidiaries

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Practice note: When is a road not a road?

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‘or’ means ‘or’ in 15 year determination

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Practice note - Part 2- Appeal – is an Airbnb guest a sub-tenant?

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Appeal – is an Airbnb guest a sub-tenant?

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A hidden trap in s 28 notices

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Hopeless proceeding can result in a cost order under Retail Leases Act 2003 (Vic)

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Continuing problems with specialist retail valuers’ ‘no liability’ clauses

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Lessor’s purpose for demolishing leased building is irrelevant

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Landlords’ ability to recover outgoings curtailed

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New VSBC guideline on ‘What are “retail premises”?’

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More on outgoings …

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Epping Hotel Pty Ltd v Serene Hotels Pty Ltd decision – the profits method and consideration of supplementary report approved

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Retail tenant wins VCAT fight but gets nil damages and an adverse costs order

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Epping Hotel v Serene Hotels appeal

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Serene Hotels Pty Ltd v Epping Hotels Pty Ltd appeal dismissed

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Standard of repair under s 52 of the RLA 2003 and repudiation by a landlord

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Small Business Commissioner’s application for advice heard, Justice Garde has reserved

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Is a student accommodation business a retail premises lease under the Retail Leases Act 2003 (Vic)?

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Part 2 – Standard of repair under s 52 of the Retail Leases Act 2003 (Vic)

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A general update for the leasing community…

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Landlords’ ability to sue retail tenants’ guarantors at VCAT to be clarified

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Small Business Commissioner makes application for advisory opinion on the effect of s 251 of the Building Act

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When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)?

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More on Calderbank offers in the retail tenancies list

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A significant VCAT decision for rental determinations under the RLA

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Do tenants still need mortgagee’s consent to lease in light of the Willmott decision?

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Willmott appeal dismissed – landlord’s Liquidators may disclaim leases

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Is a franchisee’s outlet licence a retail premises lease?

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Costs of essential safety measures and s 251 of the Building Act

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Is a stated intention to exercise an option sufficient to create a new agreement to lease? Part 2

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Service station leases – a Victorian perspective

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What is a retail premises? The ultimate consumer test.

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Willmott appeal heard

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Finding the ‘current’ versions of the 1986 and 1998 Acts

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Disclaimer of a lease by a landlord’s liquidator – Growers granted special leave to appeal

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Issuing in VCAT without mediating at the Small Business Commissioner – proceedings ‘in the nature of an injunction’

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Retail Leases Regulations 2013 (Vic) commence today

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Notice of Minister’s decision about the Retail Leases Regulations 2013 (Vic)

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Landlords’ right to call on a bank guarantee before a dispute is determined

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Is a stated intention to exercise an option sufficient to create a new agreement to lease?

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Submissions on the proposed Retail Leases Regulations 2013 and the Regulatory Impact Statement are invited

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Landlord’s possessory lien over tenant’s goods

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Updated statutory information brochure on Small Business Commissioner’s website

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Whether to issue in VCAT or Court for arrears of rent under a retail premises lease?

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New decision touching on s 251 of the Building Act – part 2

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New decision touching on s 251 of the Building Act

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Retail Leases Amendment Act 2012 (Vic) commences tomorrow

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When a landlord can resist the exercise of an option by a retail tenant

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How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?

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Mark Brennan appointed as inaugural Federal Small Business Commissioner

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More on the Willmott decision – disclaimer of a contract of sale of land?

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Willmott special leave to appeal application filed

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Retail Tenancies Amendment Bill 2012

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More on disclaimer of a lease – part 2

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The Mortgagee’s Power Sale 3rd edition out soon

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More on disclaimer of a lease

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Disclaimer of a lease by the landlord’s liquidator – part 2

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Is a serviced apartment a retail premises lease? Part 2

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New information sheets from the Office of the Small Business Commissioner – options and assignments

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Recovery of the cost of essential safety measures and s 251 of the Building Act part II

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Recovery of the cost of essential safety measures and s 251 of the Building Act

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Is a serviced apartment a retail premises lease?

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Disclaimer of a lease by the landlord’s liquidator does not extinguish the tenant’s property – part II

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Calderbank offers in the retail tenancies list

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More on s 251 of the Building Act

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Termination when tenant’s guarantor made bankrupt part II

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Article on complaints about franchising laws in the Age

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Article in thenewlawyer.com.au about uniform national Torrens System legislation

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‘Use’ in an Alpine lease defined – part II

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New Ministerial determination excludes New Zealand companies from the Retail Leases Act 2003 (Vic) – Part II

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‘Use’ in an Alpine lease defined

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Deputy President MacNamara of VCAT appointed as a County Court Judge

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New Ministerial determination excludes New Zealand companies from the Retail Leases Act 2003 (Vic)

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More on the impact of online trading on retail rents

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Relief from forfeiture III – Lontav Pty Ltd v Pineross Custodial Services Pty Ltd [2011] VSC 278 (Hargreaves J)

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Summary judgment for possession easier under Civil Procedure Act 2010 (Vic) – Dattner v Wharton [2011] VSC 610

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Relief against forfeiture II – Lorgenredlich Pty Ltd v Cappadona (Retail Tenancies) [2011] VCAT 1668

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Recent cases on costs under the Retail Leases Act 2003 – Part II

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Recent cases on under the Retail Leases Act 2003 – Part I

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Michael Redfern

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Surrender and re-grant leading to recovery of land tax

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Relief against forfeiture – V & O Princi Pty Ltd v Prestige Holdings Group Pty Ltd & Anor [2010] VSC 627

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Disclaimer of a lease not possible by the landlord’s liquidator

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FEA decision – special leave application filed

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A warrant for possession can only be executed once

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Third floor determination

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New Small Business Commissioner appointed

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Third floor determination part 3

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Third floor determination – part II

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Third floor determination not a valid exercise of power

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Recent press over shopping centre leases

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Link to article on disclosure to WA retail tenants

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Adverse possession of disused laneways

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Relief from forfeiture of a franchise agreement

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Key-money and assignments under the Retail Leases Act 2003 (Vic)

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Standard of repair under s 52 of the Retail Leases Act 2003 (Vic)

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Paying rent “without deduction” – the Full Court decision in Norman; re Forest Enterprises Limited v FEA Plantations Ltd [2011] FCAFC 99

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Legal costs under s 92 of the RLA 2003 when lease less than 1 year

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Article – interview of Mark McInnes

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Some comments on the new disclosure statement under the Retail Leases Act 2003 (Vic)

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Liability of replacement RE for damages for breach of the lease. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Multi-scheme leases. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Relief would not have been granted in any event – Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Managed Investment Scheme discussion paper

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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

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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

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Exercising an option out of time: Weemah Park Pty Ltd v Glenlaton Investments Pty Ltd [2011] QCA 150 (24 June 2011)

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“Reasonable time” in a s 146 notice – Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Termination of leases and relief from forfeiture – Lontav Pty Ltd v Pineross Custodial Services [2011] VSC 278

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Amendment to Retail Leases Act 2003 – definition of “accountant”

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Is the breach capable of remedy? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Part 2 – Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic)

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Timbercorp Almonds decision – BOSI Security Services Limited v Australia and New Zealand Banking Group Limited & Ors [2011] VSC 255

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Proof of events of default and an overarching breach? Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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The compensation requirement in a s 146 notice. Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

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Validity of s 146 notices? Primary RE Ltd v Great Southern Property Holdings Ltd

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Primary RE Ltd v Great Southern Property Holdings Ltd & Ors – enforceability of maintenance obligations

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Primary RE Ltd v Great Southern Property Holdings Ltd – are purported forestry rights in fact leases?

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“Hotel” does not require accomodation

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Business records provided to assignee – s 60(1)(d) of the Retail Leases Act 2003 (Vic)

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Withholding consent to assignment of a retail premises lease

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Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic)

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Can the costs of repair and maintenance be recovered as an outgoing?

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The danger of WorkSafe notices when repair and maintenance is required

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Setting off costs of capital works

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Is an eBay business a retail premises?

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New disclosure statement – Retail Leases Act 2003 (Vic)

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Section 146 notices, relief against forfeiture and ss 601FS and 601FT of the Corporations Act

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Rent payable “without deduction”

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Quirk in s.64 nothing to get excited about

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A warrant for possession can only be executed once – Part II

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Article in The Age on the impact of online trading on retail shopping centres

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