Earlier posts here and here discussed a construction issue that keeps coming up in the LIV copyright lease about the interaction between:  the boilerplate provisions of the lease about rent review on exercise of an option;  and the provisions in the schedule that also regulate rent reviews. In the recent case of Amazing Accommodations Pty Ltd v OU (Building and Property) [2023] […]

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 […]

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: In the decision of Owners Corporation 1 Plan No. PS707553K v Shangri-La Construction Pty […]