In the recent decision of Lanigan v Circus Oz & Ors [2022] VSC 35, McDonald J in the Supreme Court of Victoria held that VCAT was not a Court for the purposes of the Limitation of Actions Act 1958 (Vic)(Limitation Act) and, as a result, the limitations periods imposed by that statute did not apply to proceedings issued […]

Ok, so maybe RTG is pushing it, but … … the Frequently Asked Questions on the website of the Victorian Small Business Commission are … Ready To Go … They are available here: https://www.vsbc.vic.gov.au/fact-sheets-and-resources/faqs/ The FAQs have been a great resource during the CTRS, and all readers should have a look at them as they […]

The new CTRS Regulations are based on the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) and largely mirror those regulations.  However, there are some notable changes. My first comments on the new CTRS Regs are: The new regulations cover the period 16 January 2022 to 15 March 2022. The extension applies only to tenants or corporate groups with […]

Attached is a copy of the anticipated new CTRS Regs. I have not had a chance to review them yet and will post some notes about them shortly. For those interested in reviewing them now, a copy is attached here:

In breaking news, the CTRS will be extended to 15 March 2022. In a press release today, the Minister for Small Business stated that: The extended scheme will be available to businesses with an annual turnover of $10 million or less and which have suffered a decline in turnover of at least 30 per cent […]

Mot people seem to be on top of this already, but if you’re not – DON’T FORGET THAT THE MANDATORY RE-ASSESSMENT IS DUE ON SUNDAY!!!!!!!!!! My friends at Eastern Bridge Lawyers have written a useful post on the requirements for the mandatory re-assessment here: https://www.easternbridge.com.au/post/ctrs-2021-reassessments-due One of the requirements for making a mandatory reassessment is […]

This is just a quick reminder to practitioners acting for tenants who want to claim rent relief for the period 28 July to 30 September 2021 that your request for rent relief is due tomorrow. There is a precedent application and supporting statutory declaration on the VSBC website that is very easy to complete: see […]

Well, 30 September 2021 is the last date for filing requests for rent relief that apply to the period commencing 28 July 2021 and that date is approaching fast.   Lots of people have been asking whether they can include their figures for the month ending 30 September 2021 in this request.  I think the answer is […]

My colleague Davids Darzins of Darzins Legal has also provided some useful material that he has kindly offered to share with readers of this blog. Davids says this: The VSBC FAQs can only be viewed one FAQ at a time … I have downloaded each of the FAQs and the answers.  These are set out […]

Some readers may recall a post that Callum Dawlings and I wrote a few years ago about problems with VCAT’s jurisdiction over interstate residents: see https://samhopperbarrister.com/2018/04/27/vcat-jurisdiction-over-interstate-residents/ This issue has now been addressed by the Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021 (Vic). My colleague Brett Harding […]