Archive | September, 2012

Retail Leases Amendment Bill 2012

September 13, 2012

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The Retail Leases Amendment Bill 2012 (Vic) was introduced into Parliament yesterday. The main purpose of the Bill is to remove the requirement to report to the Small Business Commissioner particulars of a new or renewed lease (currently required under s 25 of the RLA 2003). The requirement to notify the Commissioner of leases and renewals […]

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More on disclaimer of a lease – part 2

September 7, 2012

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  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.

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The Mortgagee’s Power Sale 3rd edition out soon

September 7, 2012

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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.

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More on disclaimer of a lease

September 5, 2012

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For those who are interested in the debate following my previous post on the Willmott decision, my friend and colleague Carrie Rome-Sievers has put an excellent summary of the case on her blog here.

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Disclaimer of a lease by the landlord’s liquidator – part 2

September 3, 2012

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The Court of Appeal last week ruled that a liquidator appointed to a land owning company could use the disclaimer power in s 568 of the Corporations Act to extinguish leases granted by that company. This decision may have significant consequences for tenants and their financiers if their landlords are placed into liquidation. The case […]

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