The Victorian Small Business Commissioner has recently re-published its guideline on the meaning of ‘retail premises’. A copy of the Commissioner’s new guideline is available here. The guideline discusses the following topics: Application of the Act Meaning of retail premises Guiding principles to determine ‘retail premises’ Ministerial Determinations Lease or licence Application if lease term […]

A continuing source of tension, particularly in the retail tenancies jurisdiction, is that valuers appointed to determine the market rent routinely refuse to accept an appointment unless the parties sign a particularly broad form of release, including releasing the valuer from a claim in negligence. The standard form of release and indemnity is taken from […]

Originally posted on Robert Hay KC Blog:
Leases commonly permit a landlord to terminate a lease if the landlord intends to demolish the building located on the leased premises. Section 56 of the Retail Leases Act 2003 (Vic) implies terms into a retail premises lease that provides for the termination of lease on the grounds…

Those following the debate on the operation of s 52 of the RLA and s 251 of the Building Act 1993 (Vic) may be aware that the Victorian Small Business Commissioner made an application to the President of VCAT seeking an opinion on the landlord’s ability to pass on the act and/or cost of compliance with those […]

In the recent decision of Wang v Orion Holdings Australia Pty Ltd (Building and Property) [2014] VCAT 812, VCAT held that premises let as student accommodation was a retail premises, even though most guests stayed for six months. In Stringer and Ors v Gilandos Pty Ltd [2012] VSC 361, discussed here, Croft J held that a lease of […]

A number of VCAT decisions in recent years have found that: s 52(2) of the Retail Leases Act 2003 (Vic) creates a ‘baseline’ standard of repair that the landlord cannot contract out of; but that the parties can agree to put and maintain the premises in a higher standard than that required by s 52(2). […]

There have been four developments for the leasing community over recent weeks: leave was granted to appeal the decision in Serene Hotels v Epping Hotels; a hearing was scheduled for the Small Business Commissioner’s application for advice from the President of VCAT; the Minister for Small Business has made a new determination excluding certain leases […]

A vexing issue in the retail tenancies list at VCAT has been whether and when a landlord can sue a retail tenant’s guarantor at the Tribunal. This issue was addressed by the Cavanough J in Tucci v Victorian Civil and Administrative Tribunal & Anor [2010] VSC 425, in which the Court held that a landlord could sue a tenant’s […]

A hot issue for retail and commercial leasing practitioners over the last few years has been whether s 251 of the Building Act 1993 (Vic) prevents a landlord from recovering from its tenant as an outgoing under the lease the cost of essential safety measures or other steps required to comply with obligations under the Building Act. A […]

A number of Supreme Court decisions have confirmed that the supply of services business-to-business governed by the RLA 2003, provided that the second business is the ‘ultimate consumer‘ of the services. However, the cases also suggest that: the nature of the premises and the degree to which the premises is ‘open to the public’ may also influence whether […]