Archive | September, 2024

Another case from VCAT saying that a cap on a market rent review does not comply with sub-s 35(2) of the RLA 2003

September 5, 2024

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VCAT just published another decision in which a Tribunal member held that market rent review cause with a ‘cap’does not comply with sub-s 35(2) of the Retail Leases Act 2003 (Vic) (RLA 2003). In the case of Cote Noire Pty Ltd v Roberts Family Enterprises Pty Ltd (Building and Property) 2024 VCAT 810 Deputy President Riegler considered […]

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An interesting VCAT decision about the operation of s 28 of the Retail Leases Act 2003

September 2, 2024

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Acting Senior Member Nash at VCAT today handed down an interesting decision about the operation of s 28 of the RLA 2003 in the case of Pagica Pty Ltd atf the Oscinah Trust v Inlet Property Pty Ltd (Building and Property) [2024] VCAT 830.   In summary, the Tribunal found that: a s 28 notice is […]

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