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First VCAT decision about the CTRS…

November 5, 2020

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The first decision that I have seen from VCAT about the CTRS has been published today. The facts are very similar in substance to the Sneakerboy case. The tenant operates a Chinese buffet restaurant and its trade was adversely affected by COVID-19 as early as January 2020. It fell into rent arrears and the landlord […]

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Double win for the Tigers and a win for tenants in the Court of Appeal

October 18, 2020

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On the same day as the Richmond Tigers secured a berth in the Grand Final, the Court of Appeal handed the Tiges another important win that has implications for the retail tenancies market generally.  The Court of Appeal on Friday has upheld Croft J’s decision in  Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597 discussed here.   […]

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Link to Abi and my recent CPD on the Amending Regulations

October 7, 2020

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Abilene Singh and I did a webinar CPD on Monday about the Amending Regulations. For those who missed it but want to see the video, it is available here: https://www.greenslist.com.au/greens-blog/zoom-cpd-the-amending-regulations-and-extension-of-the-commercial-tenancy-relief-scheme The overheads from the presentation are also available if readers want them here:

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There is not enough fun in legal practice!

October 3, 2020

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Master Sanderson in the Supreme Court of Western Australia has taken a small step to remedy this. I think we need more judgments like this one… http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC//2020/347.html The case has nothing to do with the law of landlord and tenant, but it so well written that I had to share it. I genuinely think it […]

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AN IMPORTANT MESSAGE TO TENANTS ABOUT THE COMMERCIAL TENANCY RELIEF SCHEME FROM THE VICTORIAN SMALL BUSINESS COMMISSION

October 2, 2020

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An email has been circulating from the Victorian Small Business Commission to tenants about the operation of the Amending Regulations under the CTRS that readers of this blog will be interested in. The text of the VSBC’s email (with hyperlinks from the original email) reads as follows:  Dear tenant The Victorian Government has extended the Commercial […]

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Consolidated Amending Regulations published

September 30, 2020

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An updated version of the CTRS Regulations have now been published that incorporate the Amending Regulations that were published yesterday. These will be much easier to read. A copy is available here: https://content.legislation.vic.gov.au/sites/default/files/2020-09/20-31sra002%20authorised.pdf Thanks tp Gary Prince for sending me this link.

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Another article on the Amending Regulations…

September 30, 2020

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Here is a link to another excellent article that readers of this blog may be interested in by Paul Nunan at Eastern Bridge Lawyers discussing the Amending Regulations: https://www.easternbridge.com.au/post/update-9-the-commercial-leases-regulations-amendments

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Comments on and a summary of the new Regulations extending and amending the CTRS

September 29, 2020

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My last post was a link to the amending Regulations that extend and vary the CTRS.   The new regulations rejoice in the name COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020 (Vic).  I’ll just call them the Amending Regulations. There are a few headline points about the Amending Regulations: First, as expected, the Amending Regulations […]

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CTRS extension Regulations passed and available on the Parliamentary website

September 29, 2020

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The new Regulations that extend the CTRS have been passed and are now available on the Victorian Parliamentary website. A copy of the Regulations is available here: https://content.legislation.vic.gov.au/sites/default/files/2020-09/20-107sra%20authorised.pdf I will post my summary of and comments on the new Regulations shortly.

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Royal assent to Retail Leases Amendment Act 2020 and the CTRS extension Act given yesterday

September 23, 2020

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Royal assent to the following bills was provided yesterday: •  the COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic); and • the Retail Leases Amendment Act 2020 (Vic). As a result, both Acts came into effect as of yesterday, 23 September 2020. I will post a summary of the effects of the […]

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