Those following the debate on the operation of s 52 of the RLA and s 251 of the Building Act 1993 (Vic) may be aware that the Victorian Small Business Commissioner made an application to the President of VCAT seeking an opinion on the landlord's ability to pass on the act and/or cost of compliance with those sections (for more details, see here).
Justice Garde, sitting as the President of VCAT, heard the application today. Oral submissions were made on behalf of the Real Estate Institute of Victoria and the Shopping Centre Council of Australia. Various other parties filed written submissions.
The President has reserved. I will provide an update when the advice and reasons are published.