Landlords proposed to gain new powers under Queensland’s crackdown on illegal tobacco trade
The Queensland Parliament recently introduced the Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 (Bill), a sweeping reform aimed at curbing illegal tobacco and nicotine trade across the state. Building on recent regulatory changes, from 1 September 2024, it became a requirement for any retailer or wholesaler of smoking products […]
ReadmoreImportant update for landlords: New tobacco licensing laws in NSW and lease termination rights
The NSW Government has recently passed major changes to tobacco laws that directly affect landlords leasing premises to retailers and wholesalers of tobacco and non-tobacco smoking products. What’s changed? As of 1 July 2025, the NSW Tobacco Licensing Scheme is officially in effect. This means: All retailers and wholesalers of tobacco and non-tobacco smoking products […]
ReadmoreImportant tobacco licensing changes impacting Victorian tenants: Key details
New regulations have come into effect in Victoria that will impact retail tenants that sell tobacco. As of 1 July 2025, the Victorian Government has introduced a mandatory licensing scheme for all businesses that sell tobacco products – whether retail or wholesale. This includes sales through shops, supermarkets, petrol stations, convenience stores, tobacconists, liquor outlets, […]
ReadmoreCaps are back: The Supreme Court confirms caps on a rent review are permitted in Victorian retail leases
The Supreme Court of Victoria has recently handed down a decision which confirms that a cap on a rent review is not prohibited under section 35 of the Retail Leases Act 2003 (Vic) (RLA). The decision overturns an order of the Victorian Civil and Administrative Tribunal (VCAT) which held that a cap on a rent […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreIs it really chicken! VCAT says no, confirming Landlords are entitled to withhold consent to an assignment of lease
A recent VCAT decision, Southern Restaurants Pty Ltd v United Petroleum Pty Ltd [2022] VCAT 666, has confirmed that an objective test applies under Section 60(1)(a) of the Retail Leases Act 2003 (Vic) when landlords are looking to refuse consent to an assignment of a lease on the basis that an assignee proposes to use […]
ReadmoreUpdate on Retail Leases Amendment Regulations 2022 – Important reminder of a Landlord’s disclosure obligations
On 27 September 2022 the Retail Leases Amendment Regulations 2022 (Vic) (Amendment) was passed by the Victorian Parliament and comes into effect on 1 December 2022. The Amendment makes changes to the Retail Leases Regulations 2013 (Vic) (Regulations), which brings the prescribed form Landlord disclosure statements contained within the Regulations into line with the 2020 […]
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 […]
ReadmoreLarge 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 […]
ReadmoreDeeds 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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