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The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000

September 13, 2019

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This is the second post in a series that I am publishing on the application of the RLA 2003 and the ultimate consumer test since the CB Cold Storage appeal. In Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 from December 2018, Senior Member Forde at VCAT considered a […]

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The RLA 2003 permits a ‘late exit’ part 2

August 1, 2019

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My good friend and fellow retail leasing blogger Robert Hay QC has just posted a note here about the recent decision of Senior Member Forde at VCAT in Verraty Pty Ltd v Richmond Football Club Ltd [2019] VCAT 1073, which confirmed that a retail premises lease can ‘jump out’ of, or have a ‘late exit’ from the RLA […]

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Sand quarry is a lease of retail premises and late provided s 46 estimate does not revive liability for old outgoings under RLA 2003

July 12, 2019

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In the decision of Phillips v Abel [2019] VCAT 1031, handed down last week, VCAT held that: a lease of a quarry where the tenant processed and sold to members of the public sand extracted from the site was a lease of retail premises under the Retail Leases Act 2003 (Vic) (RLA 2003); and late provision […]

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New “ipso facts” provisions in the Corporations Act and their application to landlords and tenants

September 11, 2018

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Legislation came in force on 1 July 2018 that prevents a party terminating a contract under an insolvency clause, also known as an “ipso facto” clause if the other party is a company and has a receiver appointed or is placed into administration. Much has been written about the legislation. However, one of the most […]

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Challenging rental determinations because the valuer did not provide ‘detailed reasons’

February 7, 2018

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Clients often want to challenge a determination of the current market rent under a retail premises lease. The grounds for setting aside a rental determination are quite narrow. However, three recent cases have seen rental determinations under the RLA 2003 set aside because the specialist retail valuer failed to provide ‘detailed reasons’ as required under […]

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Contents of notice of default under s 27 of the RLA 2003

November 15, 2017

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Robert Hay QC has written an excellent blog post here commenting on a recent VCAT case about the requirements of a notice of default under s 27 of the RLA 2003. You should read Robert’s note before reading post any further. Whether a tenant has validly exercised an option in a retail premises lease often […]

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Another application of the “ultimate consumer” test

November 2, 2017

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His Honour Judge Macnamara in the County Court of Victoria recently handed down a decision that considers and applies the controversial “ultimate consumer” test under s 4 of the RLA 2003. For some background, see my earlier post here. In the recent case of Access Solutions International Pty Ltd v Gamet Pty Ltd [2017] VCC […]

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Court of Appeal dismisses appeal in the C B Cold Storage case – When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 4

July 5, 2017

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The Victorian Court of Appeal today handed down its decision dismissing the much-anticipated C B Cold Storage appeal. The decision is cited as IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 and is available online. The background to the decision is in earlier posts on my blog here.  If […]

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Ministerial Determination – overseas listed companies and their subsidiaries – Part 2

February 24, 2017

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In a previous post here I discussed problems with the reference to the World Federation of Exchanges in sub-s 4(2)(d) of the RLA 2003 and the Ministerial determination that excludes overseas listed companies and their subsidiaries from the operation of the RLA 2003 effective from12 August 2016. The recent decision of AMJE Pty Ltd v […]

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When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 3

February 10, 2017

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An earlier blog post here discussed the recent decision of CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2016] VCAT 1866, in which Senior Member Walker held that a lease of a premises used to provide cold storage and logistics services to other businesses was not a retail premises under the Retail […]

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