A number of VCAT decisions in recent years have found that: s 52(2) of the Retail Leases Act 2003 (Vic) creates a ‘baseline’ standard of repair that the landlord cannot contract out of; but that the parties can agree to put and maintain the premises in a higher standard than that required by s 52(2). […]

There have been four developments for the leasing community over recent weeks: leave was granted to appeal the decision in Serene Hotels v Epping Hotels; a hearing was scheduled for the Small Business Commissioner’s application for advice from the President of VCAT; the Minister for Small Business has made a new determination excluding certain leases […]

Originally posted on Equity, Trusts and More:
It’s been almost five years since the High Court confirmed that Australian law does not recognise a standalone legal doctrine of waiver, Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570.  Waiver is really a shorthand description of the result of the doctrines of election, estoppel,…

Originally posted on Robert Hay KC Blog:
In Ireland v Subway Systems Australia Pty Ltd and Subway Realty Pty Ltd [2012] VCAT 1061 a tenant contended if an agreement (which it contended was a licence) was held to be a lease then the dispute had to be determined by an arbitrator pursuant to an arbitration clause…