Amendment VC194: Fast track of state and local infrastructure projects

Amendment VC194 (Amendment) was gazetted by the Minister for Planning earlier this week. The Amendment inserts two new particular provisions at clauses 52.30 (State projects) and 52.31 (Local government projects) into the VIC Planning Provisions and all local planning schemes. Fast track of state and local infrastructure projects   The new particular provisions provide planning permit […]

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COVID-19 | Reminder to Landlords: 2020 land tax relief applications close soon

This article is issued as a timely reminder to Landlords who intend to seek COVID-19 land tax relief for the 2020 land tax year. Applications for relief in New South Wales and Victoria must be lodged prior to 31 March 2021. In this update, we summarise the application process, eligibility criteria and evidentiary requirements for […]

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Changes to the Owners Corporations Act – what developers need to know

Developers have an obligation to act honestly, in good faith and with due care and diligence in the best interests of the Owners Corporation created on registration of a plan of subdivision for a development under the Owners Corporations Act 2006 (Vic) (OC Act). There has therefore been a tension between the developer’s obligation to […]

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Further Regulations see the Commercial Tenancy Relief Scheme extended to 28 March 2021

Just in time for Christmas, the Victorian Government has extended the relevant period under the Commercial Tenancy Relief Scheme from 31 December 2021 until 28 March 2021, the date on which the enabling legislation is also scheduled to expire. The extension occurs via the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Amendment Regulations 2020 […]

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Pasta manufacturer not ‘retail premises’ under the Retail Leases Act 2003

In the recent decision of A. G. & F. Italiano Pty Ltd v Rovigo Pty Ltd[1] the Tribunal considered whether a premises which sells pre-packaged Italian produce predominately via online and telephone sales is a ‘retail premises’ used wholly or predominantly for the sale of goods by retail as defined by the Retail Leases Act […]

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A New Year, a new beginning, and a new foreign investment regime

On 5 June 2020, the Treasurer announced major reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). The reforms are intended to strengthen the foreign investment framework and ensure that the framework keeps pace with emerging national security risks and global developments. On 18 September 2020, the Federal Government released exposure draft legislation […]

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If it walks like a duck… Telstra’s new payphones and what they mean for the streetscape

If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]

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Doing Business in Australia

The revised 2020 edition of Gadens’ Doing Business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, and practical advice on how to go about setting up and doing business in Australia. The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, a robust, […]

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COVID-19 | Update: NSW extends rent relief scheme for impacted lessees

In light of the ongoing COVID-19 pandemic, the NSW government has extended the expiry date of the ‘prescribed period’ under retail and commercial tenancy laws to 31 December 2020. The Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (Updated Regulations) have been introduced in NSW, with the effect of repealing and remaking the […]

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Another win for the Richmond Football Club – The Victorian Supreme Court of Appeal upholds consistency for retail premises leases during the term

In Verraty Pty Ltd v Richmond Football Club Ltd [2020] VSCA 267, the Victorian Supreme Court of Appeal confirms that a retail premises lease cannot ‘jump out’ of application of retail legislation during the term. Whether or not the position can change on renewal remains uncertain. The Initial Decision The case finds its origins in […]

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COVID-19 | Commercial tenancy relief measures extended in Victoria

The long awaited COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020 (Vic) were released last night and will take effect from 29 September 2020. Which tenancies will the Commercial Tenancy Relief Scheme (CTRS) now apply to? The CTRS applies to ‘eligible leases’. The Amending Regulations have altered the definition of ‘eligible […]

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Retail Leases Amendment Act adds more pressure for landlords on top of COVID-19 changes

The Retail Leases Amendment Act 2019 (Vic) (Amendment) was passed by the Victorian Parliament on 15 September 2020. These changes are permanent amendments to the Retail Leases Act 2003 (Vic) (RLA) and are separate to the recent temporary changes made to Victorian legislation relating to the COVID-19 pandemic. These changes to the RLA will likely […]

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