Victorian Commercial Tenancy Relief 2.0 – Here we go again!

On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]

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COVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW

In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]

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COVID-19 | Land tax relief for landlords in NSW

The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]

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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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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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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 […]

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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 […]

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Pharmacies – Prohibitions against providing sales figures and paying percentage rent

The Australian pharmacy community is in a unique position in that it is afforded protections under leasing law that are not available to other retail businesses. The following guide has been developed to assist you with understanding the legal framework governing leasing arrangements for pharmacy premises. Our guide summarises the position in the different States […]

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COVID-19 | WA Code of Conduct provides guidance on rent relief obligations for WA landlords and tenants during the COVID-19 pandemic

The long awaited Commercial Tenancies (COVID-19 Response) Regulations 2020 (WA) have now been released and include a Code of Conduct (Code of Conduct) which gives effect to the National Cabinet Mandatory Code of Conduct and sets out a number of principles that landlords and tenants must follow during the COVID-19 pandemic. Which tenancies will the […]

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