This issue continues to generate comments and feedback. If you are following this issue, please note the following:
- Frustrated contract are dealt with in part by Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), which will, presumably, also apply to leases. The legislation addresses the consequences of frustration and the allocation of liabilities after an event of frustration occurs. I suspect that the legislation will have limited relevance for landlords and tenants, given that the rent is almost always paid monthly.
- A few people have suggested that Covid-19 will be excluded from most business interruption insurance policies as a declared disease under relevant legislation. However, it is still worth checking the policy, just to be sure.
(And yes, I know I used a ‘K’ instead of a ‘C’ for Covid-19 in the heading for my first post. My bad – I’ve fixed it now!)
Sam Hopper Barrister 
March 23, 2020 at 10:32 am
Well done Sam – good commentary. There will be lots of pain to tenants and landlords alike and the government needs to legislate for a uniform process that recognises the financial, social and psychological issues that will impact not only retail tenants and landlords, but all businesses, employees, contractors and casuals. We need clear leadership and intelligent sympathetic responses and strategies that enable us to survive the medical exposure and then rebuild the economy and businesses and most importantly the personal lives of the most vulnerable and impacted. Alan Wein