The decision referred to in my previous post in now attached as follows, for those interested in reading it: McIntyre & Anor v Kucminska Holdings Pty Ltd _Retail Tenancies_ [2012] VCAT 1766

Those following the recent debate on whether a landlord can recover from a tenant the costs of essential safety measures as an outgoing under a lease in light of s 251 of the Building Act, a decision of Senior Member Riegler published today states that: [69] It is clear that the express terms of the […]

After passing through the upper house on 15 November 2012, the Retail Leases Amendment Bill 2012 (Vic) received Royal Assent today.  It will come into operation tomorrow. At the time of this post, the Retail Leases Amendment Act 2012 (Vic) has not yet made its way onto the Victorian parliamentary website.  The consolidated version of […]

The recent decision of Senior Member Steele at VCAT in Computer & Parts Land Pty Ltd v Property Sunrise Pty Ltd (Retail Tenancies) [2012] VCAT 1522 gives some guidance on when a landlord can resist exercise of an option by the tenant of a retail premises lease. Section 27(2) of the Retail Leases Act 2003 […]