A hot issue for retail and commercial leasing practitioners over the last few years has been whether s 251 of the Building Act 1993 (Vic) prevents a landlord from recovering from its tenant as an outgoing under the lease the cost of essential safety measures or other steps required to comply with obligations under the Building Act. A […]

A number of Supreme Court decisions have confirmed that the supply of services business-to-business governed by the RLA 2003, provided that the second business is the ‘ultimate consumer‘ of the services. However, the cases also suggest that: the nature of the premises and the degree to which the premises is ‘open to the public’ may also influence whether […]

A significant issue in retail tenancy disputes is the impact of the no-cost rule and the leverage that it gives to an arguable but weak, or even a hopeless case. In a recent case, discussed here, the Tribunal suggested that a letter to the other side setting out the reasons why their case is hopeless […]