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 […]

Robert Hay just added the following post to his blog: Michael Redfern died last Thursday night. Many readers will know Michael either personally or as one of Australia’s leading property lawyers. Michael had been ill for a number of years. Michael was a fine lawyer, a gentlemen, a mentor to many, generous and kind.  Any person who knew Michael could not help but like […]

Further to the post below, it appears to be possible to obtain leave of the Court to issue a fresh warrant: see Perpetual Ltd v Field [2010] VSC 445. This prevents the need for a new proceeding.  However, it appears that a court appearance is still required (see paragraph [11] of the judgment above). Thanks to […]

I have recently been told that the Sheriff views a warrant for possession as capable of being exercised only once, after which the warrant goes stale. This is probably correct in principal because any continuing trespass is broken by the Sheriff giving possession to the land owner, and a new cause of action accrues against […]

  [ED – the decision in this case has been overturned by the Court of Appeal – see subsequent post here.] Her Honour Davies J in the Victorian Supreme Court has ruled that the liquidator appointed to a land owning company cannot use the disclaimer power under the Corporations Act to disclaim leases over that […]

The Governor in Council has today appointed VCAT Deputy President Michael Francis MacNamara as a Judge of the County Court of Victoria. Deputy President Macnamara has been a long standing Deputy President at the Tribunal and has been responsible for the retail tenancies list for many years. Congratulations to his Honour on his appointment. It […]

For those who were interested in my last post about the impact of online sales on retail leasing rental values, here is a link to a post on a similar topic by my colleague and friend Mark McKillop. Mark’s post summarises and contains a link to a document by Ferrier Hodgson that touches on the […]

Hello all, and welcome back to the new legal year. During January, The Age published an interesting comment by an economic analyst about the impact of the shift towards online shopping on rent for retail shops, particularly in light of the recent announcement by Myer that it does not intend to renew a number of […]