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 […]
ReadmoreCOVID-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 […]
ReadmoreRetail 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 […]
ReadmoreCOVID-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 […]
ReadmoreCOVID-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 […]
ReadmorePharmacies – 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 […]
ReadmoreCOVID-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 […]
ReadmoreCOVID-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 […]
ReadmoreCOVID-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 […]
ReadmoreCOVID-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. […]
ReadmoreCOVID-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 […]
ReadmoreCOVID-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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