Minister for Planning approves the Beveridge North West Precinct Structure Plan
The Beveridge North West Precinct Structure Plan (PSP) was approved by the Minister for Planning and officially gazetted on 5 August 2025, as part of Amendment C158mith to the Mitchell Planning Scheme. The PSP outlines a comprehensive framework for developing approximately 1,279 hectares of land situated south of Wallan and northwest of Beveridge in Victoria. […]
ReadmoreImportant tobacco licensing changes impacting Victorian tenants: Key details
New regulations have come into effect in Victoria that will impact retail tenants that sell tobacco. As of 1 July 2025, the Victorian Government has introduced a mandatory licensing scheme for all businesses that sell tobacco products – whether retail or wholesale. This includes sales through shops, supermarkets, petrol stations, convenience stores, tobacconists, liquor outlets, […]
ReadmoreSunset in the Sunshine State – A salutary lesson for developers
A recent decision of the Supreme Court of Queensland highlights the importance of developers exercising caution when relying on sunset date clauses in off the plan apartment contracts. In JYP Jiang Pty Ltd v CAV Gasworks Pty Ltd [2025] QSC 134, the court found that the developer had wrongfully terminated a contract using a sunset […]
ReadmoreA matter of trust: High Court rejects trust creditor claims against third party recipients of trust property
In a 4:3 split decision, the High Court of Australia clarified that a successor trustee does not owe a fiduciary duty to a former trustee in respect of the former trustee’s entitlement to indemnification from trust assets.[1] The High Court judgment confirms that former trustees (and their trust creditors) have no independent recourse against a […]
ReadmoreCEG Direct Securities v Runtong: Full Federal Court overturns decision in a victory for secured creditors
The Full Federal Court has confirmed the validity of the longstanding practice deployed by credit providers of seeking cross-security from a borrower’s related entities (particularly in the context of the financing of commercial projects by that corporate group). In rejecting the liquidator’s characterisation of such a transaction as constituting an unreasonable director-related transaction, the Full […]
ReadmoreConsumer 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 […]
ReadmoreOwners Corporation update: Recent VCAT decision highlights the need for further legislative change
Owners Corporation PS738539K v Ka-Po was heard by the Victorian Civil and Administrative Tribunal (VCAT or the Tribunal) where the applicant, Owners Corporation PS738539K (the OC), sought orders pursuant to section 34D of the Subdivision Act 1988 (Vic) (the Act) to alter title boundaries in Plan of Subdivision PS738539K (Ka-Po case). The outcome of the […]
ReadmoreACCC v Hutchinson: understanding an “understanding”
Gadens acted for Hutchinson Builders (Hutchinson) in a recent High Court case,[1] in which the ACCC unsuccessfully sought to overturn a finding made by the Full Court[2] that an “understanding” for the purposes of s 45E(3) of the Competition and Consumer Act 2010 (Cth) (CCA) requires communication of assent that precedes and is distinct from […]
ReadmoreKey Takeaways: VPELA Planning Minster’s Address
Earlier this week, the Gadens Planning & Environment Team attended VPELA’s annual Planning Minister’s Address in Melbourne. Before a packed house of planning industry professionals, the Hon. Sonya Kilkenny MP provided an overview of the suite of planning reforms the Department is currently working through in order to deliver more housing to Victorian, as well a […]
ReadmoreASIC succeeds in its third civil penalty prosecution for greenwashing, with the Federal Court imposing a $10.5 million penalty
Court findings On 18 March 2025, his Honour Justice O’Callaghan imposed a civil penalty of $10.5 million on the trustee of a superannuation fund, after finding that the fund had made false or misleading statements to current or potential members of the fund to the effect that: it eliminated from the fund, investments that posed […]
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 […]
ReadmoreThe Goldmate appeal: Statutory disregard and just terms compensation for compulsory acquisition of land
The NSW Court of Appeal in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales has allowed an appeal against the Land and Environment Court’s assessment of the amount of compensation payable for the compulsory acquisition of property pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act). The decision has […]
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