Archive | August, 2024

Another interesting case about s 35 of the Retail Leases Act 2003 (Vic) – part 2

August 13, 2024

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In an earlier post here I discussed another decision from VCAT holding that rent review by CPI or to the current market rent with a ‘cap‘ on increases is inconsistent with s 35(2) of the RLA 2003. A number of readers have told me that they are following this issue closely and I noted on […]

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A default notice is not void if it fails to allow for abatement of rent – but what is a tenant to do if the abatement is disputed?

August 7, 2024

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In the recent decision of Club Fogolar Furlan Melbourne v Paramount Investments Group Pty Ltd [2024] VSC 208 in the Supreme Court of Victoria, Croft J considered whether a default notice alleging arrears of rent could be valid if it did not make an allowance for abatement of rent claimed by the tenant under s 57 of the Retail […]

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