A recent journal article has suggested that landlords cannot recover as an outgoing the cost of complying with essential safety measures under the Building Act. Essential safety measures overlap with a significant number of repair and maintenance costs that may otherwise be recoverable by a landlord under the terms of a lease. This has lead […]

ED – readers referring to this post should also refer to the later, related post here. I am often asked whether a lease to a serviced apartment operator is a retail premises lease for the purposes of the Retail Leases Act 2003 (Vic) (RLA). At this stage, the only indication we have from the Tribunal was […]

An earlier post on this blog noted a decision from the Supreme Court of Victoria finding that the liquidator of a landlord company could not use the disclaimer power in the Corporations Act to extinguish leases granted by the landlord company. The decision has been appealed.  The Victorian Court of Appeal heard arguments on the […]

VCAT has recently considered the impact of a Calderbank offer on liability for costs under s 92 of the Retail Leases Act 2003 (Vic). Calderbank offers can arise in various circumstances.  They are usually expressed as being ‘without prejudice, save as to costs’ and conclude with a threat like: ‘the plaintiff/defendant will rely on this letter in an application […]

Last month I acted for a tenant whose shop was performing badly.  When I asked how his website was performing, he said the shop had a website, but that it was not updated, showed only a small amount of stock and did not allow customers to purchase online. This is not unusual.  I often hear […]

The Age yesterday published an article here in which franchisees complain about receiving no payment or compensation at the end of a franchise agreement for the goodwill that they have established during the term of the franchise agreement. This is a common complaint by franchisees who feel that the franchisor who refuses to renew the franchise […]

The website thenewlawyer.com.au has today published an article titled ‘Lawyers call for national property laws‘. The article discusses a draft Uniform Torrens Title Act prepared by the renowned property law academic Professor Peter Butt. Any readers who are interested in the article can find a copy here.

For those who were interested in my previous post on this topic here, Robert Hay has just added another post to his blog that expands on the topic here. Robert’s post details a NSW Supreme Court decision in which it was found that a right of re-entry on account of the tenant being placed into […]

The High Court dismissed the application by the Liquidators for special leave to appeal in the FEA case on Friday. The applicants sought leave firstly on the question of whether the correct test had been applied by the Full Court of the Federal Court when deciding that there was no equitable set-off and secondly on […]

In the interesting recent decision of N R Reid & Co Pty Ltd v Pencarl Pty Ltd [2011] VCAT 2241, Judge O’Neill sitting as a Vice President of VCAT considered a case in which the landlord terminated the lease after the tenant’s guarantor was made bankrupt. The default and termination provisions of the lease took […]