… for those interested in the PS Market decision referred to in my last post, you can see another detailed discussion here: https://www.easternbridge.com.au/post/update-11-effects-of-covid-19-on-commercial-tenancies … and for those interested in the C B Buffet decision from late last year, you can see another detailed discussion here: http://melbournepropertylaw.blogspot.com/2021/01/are-there-any-cases-about-victorian.html As usual, I will try to forward copies of […]
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Welcome back to 2021 and to two decision from VCAT about the CRTRS
February 9, 2021
Welcome back to everyone. I hope you all had a good break and that 2021 is as interesting as 2020 – but hopefully less stressful! Since my last post there have been two new cases from VCAT considering application of the CTRS. The short points are: in PS Market Pty Ltd v Brijcam Nominees Pty Ltd (Building and […]
More information on the extended CTRS … and farewell for the year 2020 …
December 28, 2020
The amendments to the CTRS Regs that came into effect last week are small in number and most of the procedures will be familiar to most readers by now. However, there are a couple of things about the CTRS Regs 3.0 that are worth noting. First, a consolidated version of the COVID-19 Omnibus (Emergency Measures) (Commercial Leases […]
CRTS extension has been gazetted and published
December 22, 2020
The new regulations extending the CTRS to 28 March 2021 have now been published and gazetted. A copy of the new regulations is available here: The Gazette entry is available here: http://www.gazette.vic.gov.au/gazette/Gazettes2020/GG2020S687.pdf The new regulations appear to simply amend the end date of the existing regulations from 31 December 2020 to 28 March 2020. It […]
Breaking news – the CTRS in Victoria is to be extended…
December 11, 2020
The following was posted on the Minister Pulford’s Facebook page about an hour or two ago (emphasis added): So many small businesses have done an amazing job to get through a tough year – and they’re looking to a strong recovery and a very different 2021. We’ve been proud to stand with businesses and our […]
Materials on COVID-19 and residential tenancies in Victoria
December 3, 2020
My good friends David Lloyd, Bill Rimmer and Antony Berger have recently presented an online CPD through Greens List about COVID-19 and residential tenancies. Attached to this post is a copy of their excellent paper and PowerPoint presentation that readers of this blog might find useful. I expect that a video recording of their CPD […]
First VCAT decision about the CTRS…
November 5, 2020
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 […]
Double win for the Tigers and a win for tenants in the Court of Appeal
October 18, 2020
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. […]
Link to Abi and my recent CPD on the Amending Regulations
October 7, 2020
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:
There is not enough fun in legal practice!
October 3, 2020
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 […]
February 9, 2021
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