Retail Lease Act 2003
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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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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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Many readers will be familiar with the “ultimate consumer” test that is commonly used to determine whether premises are “retail premises” within the meaning of s.4(1) of the Retail Leases Act 2003. If the premises are “retail premises” the Act applies; if premises are not “retail premises” the Act does not apply. Premises are “retail
