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COVID-19 | Sneakerboy The Sequel: A Practical Application of the NSW COVID-19 Regulation and Leasing Regime

In the second instalment of Sneakerboy, the Court applies various aspects of the NSW COVID-19 leasing regime and addresses the forthcoming repeal of the NSW COVID-19 Regulation, currently scheduled for 24 October 2020. The Sneakerboy Decisions The recent NSW Supreme Court decision of Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd […]

COVID-19 | The Court Speaks: Terminating leases in the age of COVID-19

On 31 July 2020, the NSW Supreme Court published a decision in the case of Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd [2020] NSWSC 996. The decision relates to an application by the tenant for relief against forfeiture, following termination of a retail lease on 25 March 2020. There is […]

When rent incurred might be elevated to a priority payment

Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited [2020] FCA 1023 In a decision made last week in the case of Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited[1], the Federal Court of Australia determined whether the rent incurred by […]

COVID-19 | 2020 The Year of COVID, or Year of the Pivot?

The COVID-19 pandemic has affected society and business more than any event in recent history. It has not spared any industry or sector, creating immense opportunity for a lucky few and decimating many others. In response, Gadens have seen businesses pivot, whether by expanding their service offering, changing their method of delivery or reallocating their […]

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 […]

COVID-19 | Update: NSW Government introduces new regulations for retail and commercial leasing

Following the Mandatory Code of Conduct released by the National Cabinet on 7 April 2020 (Code), the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (Regulations). The Regulations introduce temporary measures to provide urgent relief for retail and commercial tenants as a result of the COVID-19 pandemic. The […]

COVID-19 | Cth Government releases Code of Conduct for Commercial Leasing Arrangements

Following on from our earlier update, the Commonwealth Government has now released the mandatory Code of Conduct (Code) which the National Cabinet have agreed should be implemented by all states and territories in an effort to address the impacts of COVID-19 on commercial tenants (including retail, office and industrial). This announcement comes after the Government’s […]

COVID-19 | Proposed Code of Conduct for Commercial and Retail Tenancies

The economic impact on both landlords and tenants during the COVID-19 pandemic continues to increase as stricter social distancing measures and restrictions on gatherings affect the ability of business to operate and trade from commercial and retail premises. The National Cabinet met on 3 April 2020 to discuss the proposed Code of Conduct for Commercial […]

The Importance of Sticking to the Letter of the Agreement

Contracting by Government can be a minefield, with the usual commercial considerations overlaid by expectations on Government to contract in good faith, be model litigants in the event of a dispute and achieve an outcome that meets it obligations to the public. In traversing that minefield, it can be tempting to only superficially deal with […]

Landlords again prevented from recovering Land Tax under pre-30 June 2009 commercial leases

On 16 June 2017, the Queensland Government passed changes to the Land Tax Act 2010 (Qld) dealing with a landlord’s right to recover land tax from tenants. The changes are a reversal of the decision in late 2016 in Vikpro Pty Ltd v Wyuna Court Pty Ltd ATF Wyuna Court Unit Trust [2016] QCA 225 […]