Alexandra Walker Archives

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  - Level 1
  - 333 King William Street
  - Adelaide SA 5000
  - GPO Box 949, Adelaide SA 5000
  - +61 8 8456 2433
  - +61 8 8456 2499
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  - 111 Eagle Street
  - Brisbane QLD 4000
  - GPO Box 129, Brisbane QLD 4001
  - +61 7 3231 1666
  - +61 7 3229 5850
  - info.qld@gadens.com
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- Melbourne
  - Level 25, Bourke Place
  - 600 Bourke Street
  - Melbourne VIC 3000
  - GPO Box 48, Melbourne VIC 3000
  - +61 3 9252 2555
  - +61 3 9252 2500
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  - Lavan (Associate office)
  - Level 20, The Quadrant
  - 1 William Street
  - Perth WA 6000
  - PO Box F338, Perth WA 6000
  - +61 8 9288 6000
  - +61 8 9288 6001
  - info.wa@gadens.com
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- Sydney
  - Level 20, MLC Centre
  - 19 Martin Place
  - Sydney NSW 2000
  - PO Box H332, Australia Square NSW 1215
  - +61 2 9231 4996
  - +61 2 9163 3000
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Is a sand quarry ground lease a “retail premises” lease?

In the recent decision of Phillips v Abel (Building and Property) [2019] VCAT 1031 the Victorian Civil and Administrative Tribunal has once again considered the question of what is a “retail premises” for the purposes of Section 4(1) of the Retail Leases Act 2003 (“the Act”). The case involved a lease of a quarry at […]

Leasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the others being a Woolworths supermarket (located at the opposite end […]

Leasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931

AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to assign the lease for the business to the […]

Refusing Consent to Assign a Retail Premises Lease

The recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd [2018] VCAT 931 (AVC Operations) serves to remind us of the limited power of landlords to refuse consent to a request to assign a retail premises lease. When can a landlord refuse consent? Section 60 of the Retail Leases Act 2003 (Vic) […]