The Department of Business and Innovation has invited submissions on proposed Retail Leases Regulations and a Regulatory Impact Statement. The Department’s website states that: The objectives of these regulations are to: make provision with respect to the amount of the occupancy costs for the purpose of excluding certain retail premises from the Retail Leases Act […]

In an interesting recent decision, Garde J in the Victorian Supreme Court: confirmed that distress for rent remains abolished in Victoria, despite the repeal of the Landlord and Tenant Act 1958 (Vic); and found that a lien in a lease over goods left behind by a tenant is effective, provided that it crystallised after re-entry and […]

The Office of the Small Business Commissioner publishes an information brochure about the Retail Leases Act 2003 (Vic) that contains information about the operation of that Act and useful checklists for landlords and tenants entering into a retail premises lease. The brochure has recently been updated in light of the recent amendments to the RLA […]

I am often asked by lawyers acting for landlords of retail premises leases whether to issue proceedings in Court or VCAT for arrears of rent. The recent decision of Cavarno Nominees Pty Ltd v Melbourne Liquidation Centre Pty Ltd [2012] VCC 1599 in the County Court illustrates the risk of a false start if proceedings […]

Hot off the press, I have just seen the third edition of Croft J and Robert Hay’s The Mortgagee’s Power of Sale.  The book is available for sale through LexisNexis Butterworths. I commend the book to all readers.

The decision referred to in my previous post in now attached as follows, for those interested in reading it: McIntyre & Anor v Kucminska Holdings Pty Ltd _Retail Tenancies_ [2012] VCAT 1766

Those following the recent debate on whether a landlord can recover from a tenant the costs of essential safety measures as an outgoing under a lease in light of s 251 of the Building Act, a decision of Senior Member Riegler published today states that: [69] It is clear that the express terms of the […]

After passing through the upper house on 15 November 2012, the Retail Leases Amendment Bill 2012 (Vic) received Royal Assent today.  It will come into operation tomorrow. At the time of this post, the Retail Leases Amendment Act 2012 (Vic) has not yet made its way onto the Victorian parliamentary website.  The consolidated version of […]

The recent decision of Senior Member Steele at VCAT in Computer & Parts Land Pty Ltd v Property Sunrise Pty Ltd (Retail Tenancies) [2012] VCAT 1522 gives some guidance on when a landlord can resist exercise of an option by the tenant of a retail premises lease. Section 27(2) of the Retail Leases Act 2003 […]

My friend and colleague Bill Stark has just posted on his blog a useful summary of the New South Wales Court of Appeal’s decision in BBB Constructions Pty Ltd v Aldi Foods Pty Ltd [2012] NSWCA 224. In that case, the developer unsuccessfully sued Aldi for damages after Aldi withdrew from lease negotiations.  Executed leases had not […]