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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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When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 2

November 14, 2016

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The recent trend in retail leasing cases has seen a gradual broadening of leases that fall within the definition of “retail” under the Retail Leases Act 2003 (Vic) (RLA 2003). Many commentators, myself included, have suggested that all businesses that wholly or predominantly supply services will be considered retail, whether or not these services are […]

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When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)?

June 25, 2014

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A number of Supreme Court decisions have confirmed that the supply of services business-to-business governed by the RLA 2003, provided that the second business is the ‘ultimate consumer‘ of the services. However, the cases also suggest that: the nature of the premises and the degree to which the premises is ‘open to the public’ may also influence whether […]

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