COVID-19 | The Court Speaks: Terminating leases in the age of COVID-19

On 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 […]

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When rent incurred might be elevated to a priority payment

Ford (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 […]

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Pharmacies – Prohibitions against providing sales figures and paying percentage rent

The 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 […]

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COVID-19 | WA Code of Conduct provides guidance on rent relief obligations for WA landlords and tenants during the COVID-19 pandemic

The 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 […]

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COVID-19 | Update: Changes to foreign investment framework and implications for the commercial leasing sector

Further 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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COVID-19 | 2020 The Year of COVID, or Year of the Pivot?

The COVID-19 pandemic has affected society and business more than any event in recent history.  It has not spared any industry or sector, creating immense opportunity for a lucky few and decimating many others. In response, Gadens have seen businesses pivot, whether by expanding their service offering, changing their method of delivery or reallocating their […]

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COVID-19 | Victorian regulations provide much needed guidance on rent relief obligations for Victorian landlords and tenants during the COVID-19 pandemic

The long awaited COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Regulations) have now been released, giving effect to the National Cabinet Mandatory Code of Conduct and some much needed guidance for Victorian landlords and tenants. The Regulations apply to “eligible leases” for the “relevant period”, from 29 March 2020 until 29 September […]

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COVID-19 | Residential Tenants affected by COVID-19 and Impact on Sale Contracts (QLD)

Controversial new laws giving temporary relief to Queensland residential tenants affected by the COVID-19 emergency came into effect on 24 April 2020[1].  The new laws override a number of provisions in the residential tenancies legislation[2] until 31 December 2020. The new laws attempt to strike a fair balance between: the public health need of avoiding […]

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COVID-19 | Webinar | JobKeeper | One month on

It’s one month since the JobKeeper payment was announced, and our panel of experts discussed what we are seeing in the market at the moment. Gadens Partners Siobhan Mulcahy (Employment Advisory), Peter Poulos  (Corporate Advisory & Tax) and Andrew Kennedy (Property & Construction) covered the ‘in-the-field’ challenges, practicalities and strategies in implementing JobKeeper, and how […]

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COVID-19 | Update: NSW Government introduces new regulations for retail and commercial leasing

Following the Mandatory Code of Conduct released by the National Cabinet on 7 April 2020 (Code), the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (Regulations). The Regulations introduce temporary measures to provide urgent relief for retail and commercial tenants as a result of the COVID-19 pandemic. The […]

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COVID-19 | VIC Government introduces new legislation to regulate commercial leasing arrangements during the COVID-19 pandemic

Following the Mandatory Code of Conduct released by the National Cabinet on 7 April 2020 (Code), the Victorian Parliament passed the COVID-19 Omnibus (Emergency Measures) Bill 2020 (Vic) (COVID-19 Bill) to introduce a range of temporary measures to provide urgent relief for commercial tenants in response to the COVID-19 pandemic.  It also contains provisions for […]

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COVID-19 | WA Government introduces new legislation to regulate commercial leasing arrangements during the COVID-19 pandemic

Following the Mandatory Code of Conduct released by the National Cabinet on 7 April 2020 (National Code of Conduct), the WA Legislative Council passed the Commercial Tenancies (COVID-19 Response) Bill 2020 (WA) (COVID-19 Bill) to introduce a range of temporary measures to provide for urgent relief for commercial tenants in response to the COVID-19 pandemic. […]

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