Most practitioners will be aware that the RLA 2003 does not apply to leases predominantly for the provision of services above the third storey, generally known as the Third Storey Exclusion.   However, the definition of ‘storey’ has caused consternation within the leasing community, as ‘storey’ does not equate to ‘floor’ or ‘level’.  This issue was considered earlier this year by Deputy President […]

Many practitioners in this area have observed in recent years an increasing number of cases of current market rent determinations for retail premises being set aside. Many of those cases involved determinations being set aside due to shortcomings in the valuer’s reasons.   In response, some specialist retail valuers have added a clause in their standard […]

In an earlier post here I wrote about the Justice Legislation Amendment Bill 2023 (Vic) that was currently before the Victorian Parliament. A few people have asked for an update on the Bill’s progress. The Victorian Government legislation website notes that the Bill passed through the upper house last Tuesday, 3 October 2023. The same website […]