Archive | April, 2011

Is an eBay business a retail premises?

April 27, 2011


A colleague has just referred me to an interesting decision by Judge Ginnane in the County Court on whether a lease for premises in which an eBay business is conducted is a retail premises lease under the Retail Leases Act 2003 (Vic). The Court concluded for various reasons that it could not be satisfied that […]

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New disclosure statement – Retail Leases Act 2003 (Vic)

April 18, 2011


A new disclosure statement under the Retail Leases Regulations 2003 (Vic) came into operation on 1 January 2011. When a draft of the disclosure statement was first circulated, I made the following comments in a practice note: Attached is a link to a letter sent from Roger Arwas at DIIRD to the Shopping Centre Council […]

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

April 15, 2011


Justice Judd in the Victorian Supreme Court is currently reserved on an application by Primary RE Ltd seeking either to preserve leases that were granted to the responsible entity in some of the Great Southern managed investment schemes or for relief against forfeiture of those leases. Primary RE Ltd is a responsible entity that was […]

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Rent payable “without deduction”

April 7, 2011


Hi all, welcome to the first post of my blog. I am a property and insolvency barrister at the Victorian Bar and I intend to use this site to provide comments on interesting developments in the law that I come across in practice. To start the ball rolling, I’ll tell you about a case I […]

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