Author Archives | Sam Hopper

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Sam is a property and insolvency barrister.

Justice Croft’s last retail leasing appeal – RFC v Verraty Pty Ltd [2019] VSC 597

October 31, 2019

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My friend, colleague and fellow blogger Robert Hay QC recently wrote a post here about the Supreme Court decision in Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597. The decision is significant for a number of reasons. First, the decision is the last decision about retail leasing from his Honour Justice Croft, […]

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New Ministerial determination exempting farm leases from the RLA 2003

October 30, 2019

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Following recent uncertainty about the application of the Retail Leases Act 2003 (Vic), the Minster for Small Business today published a determination under s 5(1)(e) and 4(2)(h) of the RLA 2003 that exempts farm leases from the operation of the RLA 2003, effective from 29 October 2019. A copy of the determination is available here. Again, […]

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Retail Leases Amendment Bill 2019 tabled before Parliament

October 30, 2019

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A new Retail Leases Amendment Bill 2019 (Vic) was tabled before Victorian Parliament yesterday and had its second reading today. A copy of the Bill is available here: RLA Bill 2019. The Bill is not a wholesale review of the Retail Leases Act 2003 (Vic).  The purpose of the Bill is to (see clause 1): (a) to […]

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The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000

September 13, 2019

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This is the second post in a series that I am publishing on the application of the RLA 2003 and the ultimate consumer test since the CB Cold Storage appeal. In Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 from December 2018, Senior Member Forde at VCAT considered a […]

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Retail leasing post-C.B. Cold Storage Part 1: Koga Nominees Pty Ltd v Loscam Australia Pty Ltd & Ors [2018] VSC 455

September 2, 2019

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Noman Mermelstein of the firm Law Ink Pty Ltd has recently published an article in the Law Institute Journal that asks whether, in light of a string of recent decisions, there is really a need for retail tenancies legislation in our community. A copy of Norman’s article is available here. The article is excellent and […]

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The RLA 2003 permits a ‘late exit’ part 2

August 1, 2019

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My good friend and fellow retail leasing blogger Robert Hay QC has just posted a note here about the recent decision of Senior Member Forde at VCAT in Verraty Pty Ltd v Richmond Football Club Ltd [2019] VCAT 1073, which confirmed that a retail premises lease can ‘jump out’ of, or have a ‘late exit’ from the RLA […]

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Sand quarry is a lease of retail premises and late provided s 46 estimate does not revive liability for old outgoings under RLA 2003

July 12, 2019

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In the decision of Phillips v Abel [2019] VCAT 1031, handed down last week, VCAT held that: a lease of a quarry where the tenant processed and sold to members of the public sand extracted from the site was a lease of retail premises under the Retail Leases Act 2003 (Vic) (RLA 2003); and late provision […]

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New decision and the cost of s 52(2) RLA 2003 repairs

April 30, 2019

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Deputy President Lulham at VCAT has on 12 April 2019 handed down a decision that is potentially significant in the ongoing issue over the operation of both s 52 of the Retail Leases Act 2003 (Vic) and s 251 of the Building Act 1993 (Vic). For background to that issue, see here. Since President Garde […]

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Landlord held to have repudiated a lease by not repairing a defective air conditioning unit

November 14, 2018

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In the significant recent decision of S3 Sth Melb Pty Ltd v Red Pepper Property Group Pty Ltd [2018] VCAT 1684, Deputy President Riegler held that a landlord’s failure to repair an air conditioning unit was a repudiation of the lease by the landlord, allowing the tenant to accept that repudiation and terminate the lease. […]

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New “ipso facts” provisions in the Corporations Act and their application to landlords and tenants

September 11, 2018

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Legislation came in force on 1 July 2018 that prevents a party terminating a contract under an insolvency clause, also known as an “ipso facto” clause if the other party is a company and has a receiver appointed or is placed into administration. Much has been written about the legislation. However, one of the most […]

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