Archive | September, 2023

A rent review construction issue in the LIV standard lease that keeps coming up… part 3

September 21, 2023

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Earlier posts here and here discussed a construction issue that keeps coming up in the LIV copyright lease about the interaction between:  In the recent case of Amazing Accommodations Pty Ltd v OU (Building and Property) [2023] VCAT 986 a similar issue arose under the August 2014 revision of the LIV copyright lease. In that lease, clause 11 contains the market […]

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The Limitation of Actions Act and contribution claims under the Wrongs Act at VCAT

September 15, 2023

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Many readers will be aware of the ongoing issues at VCAT resulting from certain limits to its jurisdiction.  I recently wrote a post here relevant to the exercise by the Tribunal of ACL jurisdiction.  That does not address the ongoing issues with the Statute of Limitations and contribution claims under the Wrongs Act.  However, a legislative fix to those problems is now working […]

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Ongoing issues with VCAT’s jurisdiction and the length of VCAT’s lists – part 3

September 6, 2023

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I have recently received a few inquiries about my earlier posts here and here, particularly about whether VCAT has jurisdiction to hear and determine a retail tenancies dispute that includes a claim under the ACL. Readers considering this issue should be aware of the following:

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