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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

My friend Robert Hay has recently published here a useful summary of the recent Court of Appeal in 24 Hour Fitness Pty Ltd v W & B Investment Group Pty Ltd [2015] VSCA 216. The Court of Appeal upheld a decision by Judge Jenkins, sitting as a Vice President of VCAT, to order costs against […]

For those following the Epping Hotel v Serene Hotels rent determination case (see here), an application for leave to appeal the decision the decision of Croft J has been filed in the Court of Appeal. The application for leave to appeal and the hearing of any appeal (if leave is granted) will be heard on 31 […]