Landlords proposed to gain new powers under Queensland’s crackdown on illegal tobacco trade
The Queensland Parliament recently introduced the Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 (Bill), a sweeping reform aimed at curbing illegal tobacco and nicotine trade across the state. Building on recent regulatory changes, from 1 September 2024, it became a requirement for any retailer or wholesaler of smoking products […]
ReadmoreImportant update for landlords: New tobacco licensing laws in NSW and lease termination rights
The NSW Government has recently passed major changes to tobacco laws that directly affect landlords leasing premises to retailers and wholesalers of tobacco and non-tobacco smoking products. What’s changed? As of 1 July 2025, the NSW Tobacco Licensing Scheme is officially in effect. This means: All retailers and wholesalers of tobacco and non-tobacco smoking products […]
ReadmoreImportant tobacco licensing changes impacting Victorian tenants: Key details
New regulations have come into effect in Victoria that will impact retail tenants that sell tobacco. As of 1 July 2025, the Victorian Government has introduced a mandatory licensing scheme for all businesses that sell tobacco products – whether retail or wholesale. This includes sales through shops, supermarkets, petrol stations, convenience stores, tobacconists, liquor outlets, […]
ReadmoreConsumer Express | May 2025 Edition
In the May 2025 edition of Consumer Express, we focus on the key developments impacting our consumer clients, including the positive duty to prevent unlawful sexual discrimination, updates on wage theft laws, and the complexities surrounding retail lease rent reviews. We also take a closer look at the ACCC’s 2025-2026 enforcement priorities and the potential […]
ReadmorePost-CB Cold Storage: Navigating the evolving landscape of ‘Retail Premises’ in Victoria
In recent years, there has been a notable trend in Victoria towards a broader interpretation of what constitutes ‘retail premises’ under section 4 of the Retail Leases Act 2003 (Vic) (Act). This shift has significant implications for both landlords and tenants, as it affects the applicability of the Act’s protections such as: prohibition on the […]
ReadmoreCaps are back: The Supreme Court confirms caps on a rent review are permitted in Victorian retail leases
The Supreme Court of Victoria has recently handed down a decision which confirms that a cap on a rent review is not prohibited under section 35 of the Retail Leases Act 2003 (Vic) (RLA). The decision overturns an order of the Victorian Civil and Administrative Tribunal (VCAT) which held that a cap on a rent […]
ReadmoreBusy day in Parliament – Victorian Government responds to stamp duty and apartment design standards
On Thursday 21 March 2024, the Victorian Government released its responses to the inquiries in relation to land transfer duty fees and apartment design standards. Key takeaways are provided below. Commercial and Industrial Property Tax The government in its response confirmed its commitment to abolish and replace stamp duty with the Commercial and Industrial Property […]
ReadmoreThe City of Melbourne Street Network is Changing – Have your say on the Future Streets Framework
The City of Melbourne (Council) has proposed the Future Streets Framework (Framework). The Framework seeks to implement the strategic directions of the Transport Strategy 2030, which seeks to reallocate more space to people walking and cycling in the Melbourne CBD, reduce central city through-traffic and transform precincts around major transport interchanges into pedestrian thoroughfares. New […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreIs it really chicken! VCAT says no, confirming Landlords are entitled to withhold consent to an assignment of lease
A recent VCAT decision, Southern Restaurants Pty Ltd v United Petroleum Pty Ltd [2022] VCAT 666, has confirmed that an objective test applies under Section 60(1)(a) of the Retail Leases Act 2003 (Vic) when landlords are looking to refuse consent to an assignment of a lease on the basis that an assignee proposes to use […]
ReadmoreProposed changes to Retail Leases Act 1994 (NSW)
It is proposed to change the Retail Leases Act 1994 (NSW) (Act). The changes would be made by way of the passing of the Retail Leases Regulation 2022 (Draft Regulation). What is the current status? The Draft Regulation is currently out for public consultation. When is this proposed to commence? 1 January 2023. What are […]
ReadmoreUpdate on Retail Leases Amendment Regulations 2022 – Important reminder of a Landlord’s disclosure obligations
On 27 September 2022 the Retail Leases Amendment Regulations 2022 (Vic) (Amendment) was passed by the Victorian Parliament and comes into effect on 1 December 2022. The Amendment makes changes to the Retail Leases Regulations 2013 (Vic) (Regulations), which brings the prescribed form Landlord disclosure statements contained within the Regulations into line with the 2020 […]
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