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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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 | 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 | WA 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 (National Code of Conduct), the WA Legislative Council passed the Commercial Tenancies (COVID-19 Response) Bill 2020 (WA) (COVID-19 Bill) to introduce a range of temporary measures to provide for urgent relief for commercial tenants in response to the COVID-19 pandemic. […]

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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 […]

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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 […]

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Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

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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 […]

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Deeds of cross-guarantee as lease security – what a landlord needs to know

We have recently seen deeds of cross-guarantee being offered up by tenants looking to provide landlords with alternative forms of security to bank guarantees, as banks tighten up lending requirements, or parent company guarantees.   What is a cross-guarantee? Typically a deed of cross-guarantee is lodged by a parent company with ASIC in support of […]

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Application of the RLA

Just when you thought navigating Victoria’s retail legislation couldn’t get any more complicated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) in Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 bucks the trend when it comes to determining the application of the Retail Leases Act 2003 […]

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The Dangers of Side Letters

Introduction Whilst not a brand new case, we have chosen to review ACN 151 368 124 v Pro-Pac Packaging (Aust) Pty Ltd 20171 because it highlights the dangers of an increasing trend in our industry – use of the side letter to get around formal document negotiation deadlocks and deadlines.  Unfortunately the case highlights that […]

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Heads of Agreement

The Supreme Court of Victoria has confirmed in Casdar Pty Ltd v Joseph Fanous [2017] VSC 616 that a Heads of Agreement signed by a Landlord and Tenant followed by post contractual conduct will not always immediately bind the parties. Casdar Pty Ltd (Landlord) appealed a decision from the Victorian Civil and Administrative Tribunal (VCAT) […]

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