Below is a summary of the Hong Kong case of Li Ching Wing v Xuan Yi Xiong [2004] 1 HKC 353 provided to me by my colleague, barrister Abilene Singh (her details are available here: https://www.vicbar.com.au/profile/9156). The case suggests that the prospects of success in arguing that a lease is frustrated by closures caused by […]

This issue continues to generate comments and feedback.  If you are following this issue, please note the following: Frustrated contract are dealt with in part by Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), which will, presumably, also apply to leases.  The legislation addresses the consequences of frustration and the allocation […]

A few people have commented on last night’s post and it is worth pointing out the following: Tenants should be advised to check for business interruption insurance to see if these events are covered. Apparently the Morrison government will be discussing tenancy legislation at the national cabinet meeting on Tuesday night.  I’ll report on any […]

The Morrison government today announced a number of measures to protect tenants in the current crisis. One is to increase the minimum amount of a statutory demand for non-payment of debt from $2,000 to $20,000 and to allow six months for payment – up from the current 21 days.  I might have more to say […]

Practitioners The Chief Justice of the Supreme Court of Victoria has published a media release addressing the State courts’ and VCAT’s response to the COVID-19 pandemic. A copy of the press release is available here: https://www.supremecourt.vic.gov.au/for-the-media/media-releases/statement-from-the-chief-justice-of-victoria-COVID-19-Update-2

Practitioners The latest word from VCAT as to closures and adjournments on account of COVID-19 is the following that is currently being circulated to parties to proceedings: VCAT venues are currently closed to the public to reduce the potential risk of COVID-19 transmission.  No face-to-face hearings are being scheduled, and all non-critical cases which are […]

Practitioners, VCAT yesterday circulated the attached text in an email to parties to proceedings, although I am aware that not all practitioners with current proceedings have received a copy: VCAT is committed to continuing to provide dispute resolution services to the public, especially in critical areas. However, in the interests of increasing social distancing in […]

My friend, colleague and fellow blogger Robert Hay QC recently wrote a post here about the Supreme Court decision in Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597. The decision is significant for a number of reasons. First, the decision is the last decision about retail leasing from his Honour Justice Croft, […]

Following recent uncertainty about the application of the Retail Leases Act 2003 (Vic), the Minster for Small Business today published a determination under s 5(1)(e) and 4(2)(h) of the RLA 2003 that exempts farm leases from the operation of the RLA 2003, effective from 29 October 2019. A copy of the determination is available here. Again, […]

A new Retail Leases Amendment Bill 2019 (Vic) was tabled before Victorian Parliament yesterday and had its second reading today. A copy of the Bill is available here: RLA Bill 2019. The Bill is not a wholesale review of the Retail Leases Act 2003 (Vic).  The purpose of the Bill is to (see clause 1): (a) to […]