Archive | May, 2015

Retail tenant wins VCAT fight but gets nil damages and an adverse costs order

May 15, 2015

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Originally posted on Paul Duggan:
VCAT’s no costs presumption is more elastic in some parts of the tribunal than in others. In building cases, the losers commonly pay the winners’ costs. In retail tenancies disputes the losers very rarely do. But the winner paying the loser’s costs? Calderbanks and their equivalents aside, it is almost unheard…

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More on outgoings …

May 8, 2015


There has been a lot of debate in the leasing community over the effect of the President’s opinion discussed in my earlier post here. A copy of the President’s opinion is now available on AustLii here. Here are my thoughts on a few things that have emerged from the last fortnight’s discussions. Summary of the opinion In […]

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Landlords’ ability to recover outgoings curtailed

May 1, 2015


Justice Garde, the President of VCAT, today handed down his advice to the Small Business Commissioner about the operation of s 251 of the Building Act 1993 (Vic) and s 52 of the Retail Leases Act 2003 (Vic). A copy of his Honour’s opinions and reasons are available here: Small Business Commissioner reference for advisory opinion (Building […]

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