VCAT has recently considered the impact of a Calderbank offer on liability for costs under s 92 of the Retail Leases Act 2003 (Vic). Calderbank offers can arise in various circumstances.  They are usually expressed as being ‘without prejudice, save as to costs’ and conclude with a threat like: ‘the plaintiff/defendant will rely on this letter in an application […]

Last month I acted for a tenant whose shop was performing badly.  When I asked how his website was performing, he said the shop had a website, but that it was not updated, showed only a small amount of stock and did not allow customers to purchase online. This is not unusual.  I often hear […]