The Morrison government today announced a number of measures to protect tenants in the current crisis. One is to increase the minimum amount of a statutory demand for non-payment of debt from $2,000 to $20,000 and to allow six months for payment – up from the current 21 days.  I might have more to say […]

Practitioners The Chief Justice of the Supreme Court of Victoria has published a media release addressing the State courts’ and VCAT’s response to the COVID-19 pandemic. A copy of the press release is available here: https://www.supremecourt.vic.gov.au/for-the-media/media-releases/statement-from-the-chief-justice-of-victoria-COVID-19-Update-2

Practitioners The latest word from VCAT as to closures and adjournments on account of COVID-19 is the following that is currently being circulated to parties to proceedings: VCAT venues are currently closed to the public to reduce the potential risk of COVID-19 transmission.  No face-to-face hearings are being scheduled, and all non-critical cases which are […]

Practitioners, VCAT yesterday circulated the attached text in an email to parties to proceedings, although I am aware that not all practitioners with current proceedings have received a copy: VCAT is committed to continuing to provide dispute resolution services to the public, especially in critical areas. However, in the interests of increasing social distancing in […]

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, […]

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, […]

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 […]

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 […]

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 […]

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 […]