Author Archives | Sam Hopper

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Sam is a property and insolvency barrister.

Retail Leases Amendment Regulations 2022 come into effect on 1 December 2022

September 28, 2022

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Some amendments to the Retail Leases Regulations 2022 (Vic) have been published that come into effect on 1 December 2022. A copy of the amending regulations is attached to this post. The amendments bring in some changes to landlord’s disclosure statements. I suggest that practitioners check the Victorian Government legislation website to see when the […]

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A lease is not retail unless it is ‘open to the public in the required sense’

July 15, 2022

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Remember when all we had to think about was whether or not a lease was retail and there was no such thing as the CTRS to occupy our minds on a Friday afternoon?  Well, as we return to a post-Covid normal we can start thinking about these things again. For those who need a refresher, have […]

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New commercial and retail leases list the Supreme Court of Victoria

April 4, 2022

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The Victorian Supreme Court has announced that it has started a dedicated commercial and retail leases list to promote an efficient approach to the management of commercial and retail lease disputes. The Judge in charge of the list is Justice M Osborne. The list will deal with disputes involving commercial leases that are issued at […]

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The Limitation of Actions Act 1958 (Vic) in VCAT

March 22, 2022

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In the recent decision of Lanigan v Circus Oz & Ors [2022] VSC 35, McDonald J in the Supreme Court of Victoria held that VCAT was not a Court for the purposes of the Limitation of Actions Act 1958 (Vic)(Limitation Act) and, as a result, the limitations periods imposed by that statute did not apply to proceedings issued […]

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The VSBC’s FAQs are RTG!

February 2, 2022

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Ok, so maybe RTG is pushing it, but … … the Frequently Asked Questions on the website of the Victorian Small Business Commission are … Ready To Go … They are available here: https://www.vsbc.vic.gov.au/fact-sheets-and-resources/faqs/ The FAQs have been a great resource during the CTRS, and all readers should have a look at them as they […]

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First comments the new CTRS Regs

February 1, 2022

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The new CTRS Regulations are based on the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) and largely mirror those regulations.  However, there are some notable changes. My first comments on the new CTRS Regs are: The new regulations cover the period 16 January 2022 to 15 March 2022. The extension applies only to tenants or corporate groups with […]

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The Commercial Tenancy Relief Scheme Regulations 2022 (Vic) have been published

February 1, 2022

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Attached is a copy of the anticipated new CTRS Regs. I have not had a chance to review them yet and will post some notes about them shortly. For those interested in reviewing them now, a copy is attached here:

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CTRS extended to 15 March 2022

January 15, 2022

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In breaking news, the CTRS will be extended to 15 March 2022. In a press release today, the Minister for Small Business stated that: The extended scheme will be available to businesses with an annual turnover of $10 million or less and which have suffered a decline in turnover of at least 30 per cent […]

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CTRS mandatory re-assessment due on Sunday

October 29, 2021

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Mot people seem to be on top of this already, but if you’re not – DON’T FORGET THAT THE MANDATORY RE-ASSESSMENT IS DUE ON SUNDAY!!!!!!!!!! My friends at Eastern Bridge Lawyers have written a useful post on the requirements for the mandatory re-assessment here: https://www.easternbridge.com.au/post/ctrs-2021-reassessments-due One of the requirements for making a mandatory reassessment is […]

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Rent relief requests are due tomorrow – don’t forget!

September 29, 2021

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This is just a quick reminder to practitioners acting for tenants who want to claim rent relief for the period 28 July to 30 September 2021 that your request for rent relief is due tomorrow. There is a precedent application and supporting statutory declaration on the VSBC website that is very easy to complete: see […]

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