Archive | October, 2013

Is a franchisee’s outlet licence a retail premises lease?

October 22, 2013


In an interesting recent decision from the Supreme Court,[1] Croft J held that an arbitration clause in a retail leases does not oust the Tribunal’s jurisdiction. A detailed discussion of this issue can be found on Robert Hay’s blog here and here. The Court also referred to a finding at first instance that the franchisee’s […]

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Management fees – Practice Note for LIV’s November 2012 lease revision

October 21, 2013


Robert Hay and Derry Devine of the Law Institute of Victoria’s Leases Committee have written a practice note about an issue with the November 2012 edition of the LIV’s standard lease. Any practitioner using the November 2012 revision of that LIV standard lease should be aware of the practice note, which states that: “When using […]

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Costs of essential safety measures and s 251 of the Building Act

October 2, 2013

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Whether a landlord can pass on the costs of complying with the Building Act 1993 has been the source of a significant debate over the last year or so. A recent article of mine on this issue has been published in the Law Institute Journal here. In summary, the article suggests that: the better view […]

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