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Comments on and a summary of the new Regulations extending and amending the CTRS

September 29, 2020

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My last post was a link to the amending Regulations that extend and vary the CTRS.   The new regulations rejoice in the name COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020 (Vic).  I’ll just call them the Amending Regulations. There are a few headline points about the Amending Regulations: First, as expected, the Amending Regulations […]

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CTRS extension Regulations passed and available on the Parliamentary website

September 29, 2020

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The new Regulations that extend the CTRS have been passed and are now available on the Victorian Parliamentary website. A copy of the Regulations is available here: https://content.legislation.vic.gov.au/sites/default/files/2020-09/20-107sra%20authorised.pdf I will post my summary of and comments on the new Regulations shortly.

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Royal assent to Retail Leases Amendment Act 2020 and the CTRS extension Act given yesterday

September 23, 2020

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Royal assent to the following bills was provided yesterday: •  the COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic); and • the Retail Leases Amendment Act 2020 (Vic). As a result, both Acts came into effect as of yesterday, 23 September 2020. I will post a summary of the effects of the […]

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Retail Leases Amendment Bill 2019 and the CTRS extension bill have passed through Parliament and are awaiting Royal Assent

September 16, 2020

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For those watching this closely, both the Retail Leases Amendment Bill 2019 (Vic) and the COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 which extends and modifies the CTRS have passed through Parliament and are awaiting Royal assent before they become law. See: https://www.parliament.vic.gov.au/legislation/343-legislation-and-bills/articles/1824-bills-this-week I expect that we will see the new Regulations […]

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Extracts from the second reading speech for the COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020

September 10, 2020

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The ever-diligent Abilene Singh has sent me a copy of the second reading speech for the Bill that allows for the extension of the CTRS in Victoria. The real action will be in the Regulations when they are published, but the second reading speech gives a few more clues about what the Regs are likely […]

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COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 now available

September 3, 2020

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A Bill is now available on the Parliamentary website that will allow the extension of the CTRS. The purpose of the Bill is stated as: (a) to amend the COVID-19 Omnibus (Emergency Measures) Act 2020—  (i) to extend the operation of Part 2.2 of that Act under which regulations may be made to modify the […]

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Article on the Retail Leases Amendment Bill 2019 and update on RFC v Verraty appeal

September 1, 2020

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The Retail Leases Amendment Bill 2019 remains before the Upper House and on the list for debate. To the best of my knowledge, the Bill has not yet been passed. For those who are following this area of law, the Law Institute Journal has published an excellent article by Paul Snow and Nicholas D’Arcy that […]

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Sneakerboy cases from NSW – the first judgments about the Code

August 31, 2020

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Justice Robb in the NSW Supreme Court has handed down two recent decisions that discuss the effect of the Code and its implementation in NSW.   The decisions are: Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996, (31 July 2020);  and Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties […]

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What did we learn from today’s announcements?

August 20, 2020

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The Premier’s press release today contained some important information about the CTRS for commercial landlords and tenants.   Here is my summary of and comments on the latest development: The prohibition on lease terminations and rent increases will be extended from the current sunset date of 29 September 2020 to 31 December 2020.  It is unclear at […]

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Premier’s press release on the (partial) extension of the CTRS

August 20, 2020

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https://www.premier.vic.gov.au/pause-evictions-extended-and-extra-renter-protections The above link is to the Premier’s press release on what appears to be a partial extension of the CTRS. The press release contains more information than was in the article that I posted earlier today. I will circulate a summary of the key points shortly.

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