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

May 20, 2011

Property / leasing

There is a well known cross-referencing error in s. 62 of the RLA.  It refers to s. 61(4), when it should refer to s. 61(5A).  The error resulted from an amendment to the statute in 2005, but continues to be a source of confusion for many solicitors.

That this is a cross-referencing error and should be read as a reference to 61(5A) was put beyond doubt in AAMR Hospitality Group Pty Ltd v Goodpar Pty Ltd (VCAT, unreported, 13 February 2009, Deputy President Macnamara) at [55] to [57].

The decision has not been posted on AustLii.  If you would like a copy of the decision, please feel free to contact me at samuel.hopper@vicbar.com.au for a scanned copy.

ED – for further developments on this topic, go to this post.

About Sam Hopper

Sam is a property and insolvency barrister.

View all posts by Sam Hopper

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3 Comments on “Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic)”

  1. vanessa Says:

    It seems that parliament has finally decided to fix this error – a huge day for nerdy lawyers indeed!

    Reply

  2. Sam Hopper Says:

    Thanks Vanessa. I’ve put up a new post about this.

    Reply

Trackbacks/Pingbacks

  1. Part 2 – Cross-referencing error in s 62 of the Retail Leases Act 2003 (Vic) | samhopperbarrister - June 21, 2011

    […] an earlier post on this blog I noted that there was a cross-referencing error in s 62 of the Retail Leases Act 2003 […]

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