Leasing
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Care needs to be taken in resolving disputes in which an allegation is made that an act or proposed act is prohibited by the Retail Leases Act 2003: settlement agreements must be genuine compromises or bona fide settlements and not merely attempts to avoid the Act. On 24 January 2014 I posted a summary of…
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Despite the prohibition on the payment of “key-money” landlords persist in seeking the payment of substantial sums of money as the price for granting a lease. A landlord who seeks or accepts “key-money” is liable to pay a penalty under s.23 of the Retail Leases Act 2003. A provision in a lease that requires the…
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The High Court today held 4:1 that the liquidator of a landlord company could disclaim both the landlord’s interest and the tenant’s interest in a lease. See: Willmott Growers Group Inc v Willmott Forests Limited [2013] HCA 51. The decision will have significant implications for tenants and their financiers. Section 568(1) of the Corporations Act…
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Sam Hopper has posted an interesting article on his blog entitled “Is a franchisee’s outlet licence a retail premises lease?”. The article can be found at http://samhopperbarrister.com/2013/10/22/is-a-franchisees-outlet-licence-a-retail-premises-lease/
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On 17 October 2013 I posted a note about Subway Systems Australia Pty Ltd v Ireland [2013] VSC 550 which concerned a dispute between a franchisor and a franchisee. The franchise agreement contained an arbitration clause. VCAT refused to refer the dispute to arbitration pursuant to s.8 of the Commercial Arbitration Act 2011 which provides…
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The Law Institute of Victoria is issuing a Practice Notice concerning the reference to the amount of, and the calculation of, management fees in item 10 of the schedule in the November 2012 Revision. The Practice Note says: “When using the LIV Commercial lease for a retail premises lease containing an option to renew and…
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In a fascinating decision given today the Supreme Court of Victoria held that an arbitration clause in a lease could not oust VCAT’s jurisdiction under the Retail Leases Act 2003 (2003 Act). In Subway Systems Australia Pty Ltd v Ireland [2013] VSC 550 Croft J held that VCAT was not a “court” within the meaning of…
