Just in time for Christmas, the Victorian Government has extended the relevant period under the Commercial Tenancy Relief Scheme from 31 December 2021 until 28 March 2021, the date on which the enabling legislation is also scheduled to expire. The extension occurs via the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Amendment Regulations 2020 […]
ReadmoreIn the recent decision of A. G. & F. Italiano Pty Ltd v Rovigo Pty Ltd[1] the Tribunal considered whether a premises which sells pre-packaged Italian produce predominately via online and telephone sales is a ‘retail premises’ used wholly or predominantly for the sale of goods by retail as defined by the Retail Leases Act […]
ReadmoreIn light of the ongoing COVID-19 pandemic, the NSW government has extended the expiry date of the ‘prescribed period’ under retail and commercial tenancy laws to 31 December 2020. The Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (Updated Regulations) have been introduced in NSW, with the effect of repealing and remaking the […]
ReadmoreIn Verraty Pty Ltd v Richmond Football Club Ltd [2020] VSCA 267, the Victorian Supreme Court of Appeal confirms that a retail premises lease cannot ‘jump out’ of application of retail legislation during the term. Whether or not the position can change on renewal remains uncertain. The Initial Decision The case finds its origins in […]
ReadmoreThe long awaited COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020 (Vic) were released last night and will take effect from 29 September 2020. Which tenancies will the Commercial Tenancy Relief Scheme (CTRS) now apply to? The CTRS applies to ‘eligible leases’. The Amending Regulations have altered the definition of ‘eligible […]
ReadmoreThe Retail Leases Amendment Act 2019 (Vic) (Amendment) was passed by the Victorian Parliament on 15 September 2020. These changes are permanent amendments to the Retail Leases Act 2003 (Vic) (RLA) and are separate to the recent temporary changes made to Victorian legislation relating to the COVID-19 pandemic. These changes to the RLA will likely […]
ReadmoreIn the second instalment of Sneakerboy, the Court applies various aspects of the NSW COVID-19 leasing regime and addresses the forthcoming repeal of the NSW COVID-19 Regulation, currently scheduled for 24 October 2020. The Sneakerboy Decisions The recent NSW Supreme Court decision of Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd […]
ReadmoreOn 31 July 2020, the NSW Supreme Court published a decision in the case of Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996. The decision relates to an application by the tenant for relief against forfeiture, following termination of a retail lease on 25 March 2020. There is […]
ReadmoreFord (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited [2020] FCA 1023 In a decision made last week in the case of Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited[1], the Federal Court of Australia determined whether the rent incurred by […]
ReadmoreThe Australian pharmacy community is in a unique position in that it is afforded protections under leasing law that are not available to other retail businesses. The following guide has been developed to assist you with understanding the legal framework governing leasing arrangements for pharmacy premises. Our guide summarises the position in the different States […]
ReadmoreThe long awaited Commercial Tenancies (COVID-19 Response) Regulations 2020 (WA) have now been released and include a Code of Conduct (Code of Conduct) which gives effect to the National Cabinet Mandatory Code of Conduct and sets out a number of principles that landlords and tenants must follow during the COVID-19 pandemic. Which tenancies will the […]
ReadmoreFurther to our previous article regarding changes to the foreign investment framework and the implications for the commercial leasing sector, on 24 April 2020 the Foreign Investment Review Board (FIRB) released a guidance note which, among other things, provides clarification as to the effect of the temporary measures which result from the Foreign Acquisitions and […]
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