Consumer 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 […]
ReadmoreEmbedded networks live on as Victorian reform for residential embedded networks slowly takes shape
New embedded networks in residential apartment buildings will be banned from January 2023 unless 100% of electricity is sourced from renewable energy, with at least 5% being sourced from on-site generation. Existing embedded networks in residential sites, including apartment buildings, retirement villages, social housing and residential/caravan parks, will transition to a new regulatory regime, moving through […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
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