COVID-19 | Update: Changes to foreign investment framework and implications for the commercial leasing sector

Further to our previous article regarding changes to the foreign investment framework and the implications for the commercial leasing sector, on 24 April 2020 the Foreign Investment Review Board (FIRB) released a guidance note which, among other things, provides clarification as to the effect of the temporary measures which result from the Foreign Acquisitions and […]

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COVID-19 | Victorian regulations provide much needed guidance on rent relief obligations for Victorian landlords and tenants during the COVID-19 pandemic

The long awaited COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Regulations) have now been released, giving effect to the National Cabinet Mandatory Code of Conduct and some much needed guidance for Victorian landlords and tenants. The Regulations apply to “eligible leases” for the “relevant period”, from 29 March 2020 until 29 September […]

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COVID-19 | Webinar | JobKeeper | One month on

It’s one month since the JobKeeper payment was announced, and our panel of experts discussed what we are seeing in the market at the moment. Gadens Partners Siobhan Mulcahy (Employment Advisory), Peter Poulos  (Corporate Advisory & Tax) and Andrew Kennedy (Property & Construction) covered the ‘in-the-field’ challenges, practicalities and strategies in implementing JobKeeper, and how […]

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COVID-19 | VIC Government introduces new legislation to regulate commercial leasing arrangements during the COVID-19 pandemic

Following the Mandatory Code of Conduct released by the National Cabinet on 7 April 2020 (Code), the Victorian Parliament passed the COVID-19 Omnibus (Emergency Measures) Bill 2020 (Vic) (COVID-19 Bill) to introduce a range of temporary measures to provide urgent relief for commercial tenants in response to the COVID-19 pandemic.  It also contains provisions for […]

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COVID-19 | Changes to foreign investment framework – implications for the commercial leasing sector

Introduction Effective from 29 March 2020, the Australian Treasurer introduced changes to the foreign investment framework which included the reduction of the monetary screening thresholds for foreign investments in Australia to $0. For information about how the new measures will impact on investments generally, see our previous article on the topic. Do commercial leases require […]

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COVID-19 | COVID-19 and rent reviews: rent reductions in a recession?

Economic impact of COVID-19 On 11 March 2020, the World Health Organisation formally declared the outbreak of COVID-19 as a global pandemic.  To varying degrees around the globe, countries have enforced travel bans and closures of non-essential public gatherings. Unsurprisingly, the declaration of the pandemic prompted global panic, with grave political and economic ramifications.  Small […]

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Call for comment on proposed new standards for apartment exteriors

The Victorian government is proposing further changes to the requirements for apartment developments, with the release of the Better Apartments in Neighbourhoods – Discussion Paper 2019 (the BANs Discussion Paper) which proposes changes to the planning controls that regulate apartment developments in Victoria. Following on from the Better Apartment Design Standards (BADS) which were introduced […]

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Ravenhall Landfill decision confirms the scope of VCAT’s powers to review EPA approvals

In June this year, VCAT made the decision to approve a Works Approval to allow for the expansion of the Ravenhall Landfill, the largest landfill in Victoria in the decision of Melton CC v Landfill Operations Pty Ltd (Red Dot) [2019] VCAT 882. Originally approved by the EPA in 2016, the Works Approval was appealed […]

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Stamp duty changes to hit residential developments in Victoria

The Victorian Government is proposing a sweeping reform of the “economic entitlement” provisions of the Victorian duties legislation. The result of the proposed changes would be to effectively bring to duty a common form of project funding and structuring used for residential developments in Victoria. Typically these transactions enable a residential developer to secure rights […]

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Significant climate change decision – shifting grounds for the Australian coal sector?

Until a month ago, no coal mine project in Australia had been refused by a decision-maker or Court on the basis of its contribution to global greenhouse gas emissions and climate change. On 8 February 2019 this changed with the significant and controversial judgment of Brian Preston CJ[1] in the NSW Land and Environment Court in the […]

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VCAT refuses proposal for a residential tower in South Yarra

VCAT has overturned the decision of the Stonnington City Council and refused an application for a twenty-two storey mixed use development in South Yarra, which would have exceeded the preferred maximum building height for the subject site by 30m. The Tribunal’s decision in C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69 demonstrates […]

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Victorian Government reinforces commitment to Solar Energy with new Guidelines

The Victorian Government recently released draft Solar Energy Facilities – Design and Development Guidelines (Guidelines) to assist the development of large-scale solar energy facilities. It is intended that following consultation with the community and industry, the final version of the Guidelines will become a source of advice on the development of best practice facilities in […]

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