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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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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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