A refusal by a landlord to provide a deed of renewal to a tenant or to provide consent to an assignment can be a source of significant anxiety for a tenant who is trying to sell its business, particularly if they are concerned that the buyer may go elsewhere if there are significant delays before […]

Further to my previous post, the new Regulations have not made their way onto the Victorian Law Today page yet. A copy is attached here: Retail Leases Regulations 2013 (Vic).

The Retail Leases Regulations 2013 (Vic) have been passed and come into operation today. A copy of the Regulations is available here (click: Victorian Law Today; check  the box marked – ‘Statutory Rules’; click on ‘R’; follow the link to  Retail Leases Regulations 2013). I will provide some comments on the Regulations shortly.

Regular readers will be aware that the Retail Leases Regulations 2003 (Vic) will sunset shortly and that the Minister for Innovation, Services and Small Business recently released a Regulatory Impact Statement and called for submissions about proposed new Regulations. The Acting Minister Minister for Innovation, Services and Small Business published in the Victoria Government Gazette on […]

The Victorian Supreme Court has recently confirmed that landlords cannot be restrained from calling on a tenant’s bank guarantee unless the tenant can show an arguable case that the landlord is acting: fraudulently; unconscionably in breach of consumer protection statutes;  or in breach of a contractual promise not to call on the security. In a […]