Is 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 […]
ReadmoreCOVID-19 | Regulation extended, but reduced rent relief regime, for impacted lessees in NSW
In response to the continued impact of restrictions on businesses in New South Wales, the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2022 (NSW) (Updated Regulations), commencing 13 January 2022. What has changed? The Updated Regulation extends the protections, but reduces the entitlement to rent relief, granted to impacted […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 2.0 – Here we go again!
On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]
ReadmoreCOVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW
In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]
ReadmoreCOVID-19 | Land tax relief for landlords in NSW
The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]
ReadmoreCountering Victoria’s Land Tax Grab
Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]
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