COVID-19 | Proposed Code of Conduct for Commercial and Retail Tenancies

The economic impact on both landlords and tenants during the COVID-19 pandemic continues to increase as stricter social distancing measures and restrictions on gatherings affect the ability of business to operate and trade from commercial and retail premises. The National Cabinet met on 3 April 2020 to discuss the proposed Code of Conduct for Commercial […]

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Continuing Professional Development – 31 March 2020 | Legal ethical dilemmas in commercial and corporate transactions

Below you will find the recording from our recent Continuing Professional Development morning, hosted via webinar on Tuesday, 31 March 2020. If you have any queries regarding the session topic, or related issues, please do not hesitate to get in touch with the presenters or our wider team. Legal ethical dilemmas in commercial and corporate […]

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COVID-19 | Emergency Measures for Tenancy Laws in NSW

The economic pressure on tenants and landlords during the COVID-19 pandemic is increasing resulting in the mandated closure of a large number of businesses under the Public Health Act 2010 (NSW) and rise in unemployment.  On 26 March 2020 the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 (Bill) was passed in New South Wales Parliament. […]

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COVID-19 | COVID-19 and rent reviews: rent reductions in a recession?

Economic impact of COVID-19 On 11 March 2020, the World Health Organisation formally declared the outbreak of COVID-19 as a global pandemic.  To varying degrees around the globe, countries have enforced travel bans and closures of non-essential public gatherings. Unsurprisingly, the declaration of the pandemic prompted global panic, with grave political and economic ramifications.  Small […]

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Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

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Is a sand quarry ground lease a “retail premises” lease?

In the recent decision of Phillips v Abel (Building and Property) [2019] VCAT 1031 the Victorian Civil and Administrative Tribunal has once again considered the question of what is a “retail premises” for the purposes of Section 4(1) of the Retail Leases Act 2003 (“the Act”). The case involved a lease of a quarry at […]

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Deeds of cross-guarantee as lease security – what a landlord needs to know

We have recently seen deeds of cross-guarantee being offered up by tenants looking to provide landlords with alternative forms of security to bank guarantees, as banks tighten up lending requirements, or parent company guarantees.   What is a cross-guarantee? Typically a deed of cross-guarantee is lodged by a parent company with ASIC in support of […]

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Application of the RLA

Just when you thought navigating Victoria’s retail legislation couldn’t get any more complicated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) in Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 bucks the trend when it comes to determining the application of the Retail Leases Act 2003 […]

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Leasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the others being a Woolworths supermarket (located at the opposite end […]

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Leasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931

AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to assign the lease for the business to the […]

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Leasing Insider | Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu [2018] NSWSC 868 (12 June 2018)

Margaret Sze Tu, Shiu How Sze Tu, Shiu Shing Sze Tu, Helen Sze Tu (the Landlord) were the registered proprietors and owners of premises known as Shop 5, 42-44 Queen Street, Campbelltown. The dispute between the parties related to an alleged lease to Jam Studios Pty Ltd (the Tenant), who was in possession of the […]

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Leasing Insider | Versus (Aust) Pty Ltd v A.N.H. Nominees Pty Ltd [2017] VCAT 859

Versus (Aus) Pty Ltd (the Tenant) leased retail premises located in Church Street, Brighton from A.N.H. Nominees Pty Ltd (the Landlord). The Tenant operated a lingerie business from the premises from June 2006 until the Tenant vacated in May 2011. The premises was affected by water and moisture ingress which resulted in excessive mould within […]

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