The High Court today found that Liquidators of a landlord company can use the disclaimer power in the Corporations Act to extinguish leases granted by that company. A summary of the decision is available here. The decision upholds a decision of the Victorian Court of Appeal that has created significant consternation among those acting for […]
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December 4, 2013
October 2, 2013
Whether a landlord can pass on the costs of complying with the Building Act 1993 has been the source of a significant debate over the last year or so. A recent article of mine on this issue has been published in the Law Institute Journal here. In summary, the article suggests that: the better view […]
September 4, 2013
A colleague recently sent me this excellent article by Bill Burrough from DibbsBarker titled ‘Service station lease: Ensuring the lease is manageable and saleable’. The article talks about: leasing issues for investors considering a service station – an investment considered by some to be ‘recession proof’; and the obligation to maintain the service station infrastructure […]
August 13, 2013
Last Friday, 9 August 2013, the High Court heard an appeal against the Victorian Court of Appeal’s decision in Willmott Forests Ltd (Receivers and Managers appointed)(in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc  VSCA 202. For those following the development of the case, the transcript of the hearing can be […]
August 12, 2013
I am often asked how to find the ‘current’ versions of the Retail Tenancies Act 1986 (Vic) and the Retail Tenancies (Reform) Act 1998 (Vic). To understand why this question is hard to answer, it helps to understand some of the background to the legislation. The 1986 Act was repealed by the 1998 Act. However, the 1986 Act continues to govern […]
December 6, 2012
Hot off the press, I have just seen the third edition of Croft J and Robert Hay’s The Mortgagee’s Power of Sale. The book is available for sale through LexisNexis Butterworths. I commend the book to all readers.
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
October 18, 2012
My friend and colleague Bill Stark has just posted on his blog a useful summary of the New South Wales Court of Appeal’s decision in BBB Constructions Pty Ltd v Aldi Foods Pty Ltd  NSWCA 224. In that case, the developer unsuccessfully sued Aldi for damages after Aldi withdrew from lease negotiations. Executed leases had not […]
October 11, 2012
For those interested in the Court of Appeal’s recent decision in the Willmott case, the decision was referred to recently by Beach J in the Victorian Supreme Court decision of Grant v Harlgate Pty Ltd & Anor  VSC 464 (9 October 2012). The decision is also relevant to conveyancing lawyers faced with an insolvent […]
September 7, 2012
For those following the debate about the Court of Appeal’s decision about the disclaimer of leases in the Willmott decision, here is another summary and comment on the decision by King & Wood Mallesons.
September 7, 2012
The third edition of Mortgagee’s Power of Sale will be released soon, written by Clyde Croft J and Robert Hay. Earlier editions of the book have been an invaluable resource for mortgage practitioners, and I am sure that the new edition will only enhance the title’s reputation. For more details, see Robert’s post here.