Archive | February, 2023

Two interesting cases about s 35 of the Retail Leases Act 2003 (Vic)

February 15, 2023

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Until recently, there were no cases about s 35 of the RLA 2003 – and now there are two in the last few weeks! The first held case that a clause that reviews the rent by CPI with a ‘cap’ did not comply with sub-s 35(2) of the RLA 2003.  The second held that a rent […]

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The Limitation of Actions Act 1958 (Vic) in VCAT Part 2

February 15, 2023

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Justice Quigley, sitting as the President of VCAT, sitting with Deputy President Wilson confirmed on Friday that VCAT is bound by the decision of Lanigan v Circus Oz & Ors [2022] VSC 35, in which McDonald J held that proceedings in VCAT were not an ‘action’ for the purposes of s 5 of the Limitation of Actions Act 1958 (Vic)(Limitation Act).   […]

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