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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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Ministerial Determination – overseas listed companies and their subsidiaries

September 7, 2016

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An issue has emerged in recent years about the extent to which overseas listed companies and their subsidiaries are excluded from the operation of the Retail Leases Act 2003 (Vic) (RLA 2003). Sub-section 4(1) of the RLA 2003 defines ‘retail premises’ for the purposes of that Act.   Sub-section 4(2) then contains a number of exceptions […]

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When is a road not a road?

July 8, 2016

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Answer: when it turns into a laneway. In an earlier post here, I discussed adverse possession of an unused laneway where the paper title remains with the old developer who subdivided the land. Last week’s decision of McMillan J in Anderson v City of Stonnington [2016] VSC 374 highlights another issue that needs to be considered before […]

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‘or’ means ‘or’ in 15 year determination

June 14, 2016

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There has been a long running controversy in the retail leasing community over the effect of the word ‘or‘ in a Ministerial determination that excludes certain leases from the operation of the Retail Leases Act 2003 (Vic). Some of the background to the dispute is contained in an earlier post here and in documents linked to […]

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Part 2- Appeal – is an Airbnb guest a sub-tenant?

June 10, 2016

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In an earlier post here, I reported that an appeal had been filed in the Victorian Supreme Court challenging a decision of a VCAT member holding that the occupation of a room by an AirBnB guest was not a sublease. As a result the VCAT member held that a notice to vacate served by the […]

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Appeal – is an Airbnb guest a sub-tenant?

May 2, 2016

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An appeal has been filed in the Supreme Court from the VCAT decision in Swan v Uecker (Residential Tenancies) [2016] VCAT 483 and should be heard later this year. In Swan v Uecker a residential tenant put the leased property on Airbnb without the landlord’s consent. The landlord then served a notice to vacate on […]

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A hidden trap in s 28 notices

March 24, 2016

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Readers should be aware of a hidden trap in the operation of s 28(2)(a) of the RLA 2003. The idea behind s 28 of the RLA 2003 is that: a retail tenant should have at least six months notice in writing of the last date to exercise its option; and if the notice is given […]

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Standard of repair under s 52 of the RLA 2003 and repudiation by a landlord

October 6, 2015

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Justice Croft’s recent decision in Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2015] VSC 515 contains two interesting findings for the leasing community: a landlord of a retail premises lease cannot avoid liability to repair and maintain the retail premises under sub-s 52(2) of the RLA 2003 because the tenant has exercised an […]

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Serene Hotels Pty Ltd v Epping Hotels Pty Ltd appeal dismissed

August 27, 2015

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The Court of Appeal today dismissed an appeal from Croft J’s decision in Epping Hotels Pty Ltd v Serene Hotels Pty Ltd [2015] VSC 104. The decision at first instance and the appeal before Croft J are discussed here and here. The first decision from VCAT held that the use of the profits method to determine rent during a […]

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