VCAT – Robert Hay KC Blog

November 13, 2025

How to ensure that terms implied by the Retail Leases Act 2003 (Vic) into a “retail premises lease” do not appear in a renewed lease which is not a “retail premises lease”

My last post considered Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597 (Verraty) with particular reference to this question: Do terms implied into a “retail premises lease” by the Retail Leases Act 2003 appear in a renewed lease following the exercise of an option where the renewed lease is not a “retail premises

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October 17, 2025

Device to avoid Retail Leases Act not effective

Parties to long term leases sometimes attempt to avoid the application of the Retail Leases Act 2003 by purporting to invoke the Ministerial Determination of 24 August 2004 made under s.5(1) of the Act. The Act applies to a “retail premises lease” (s.11(1)) which is not a defined expression. However, the expression “retail premises” are defined in

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October 1, 2019

“Retail premises leases” cannot jump out of the Retail Leases Act 2003

The Supreme Court of Victoria has ruled that a lease that is a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) when it is entered into cannot cease to be such a lease during its term. In Richmond Football Club v Verraty [2019] VSC 597. Croft J upheld an

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December 15, 2017

‘Ultimate consumer test” remains one of the indicia of the retail provision of services

The CB Cold Storage and IMCC Group saga has ended. This morning the High Court of Australia refused the landlord’s application for special leave to appeal. The consequence is that the Court of Appeal’s decision in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 stands and practitioners can draft

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November 10, 2017

Content of default notices under s27 of Retail Leases Act

At general law the question of whether a tenant has validly exercised an option for a further term depends upon whether the tenant has met the conditions contained in the lease for the exercise of the option. The general law has been altered by the Retail Leases Act 2003. Section 27(2) provides that: ” If

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June 23, 2016

Controversy resolved – but more tenants under 15 year leases lose protection of Retail Leases Act 2003 (Vic)

Leased premises that are “retail premises” within the meaning of s.4(1) of the Retail Leases Act 2003 are excluded from the operation of the Act where the lease term is 15 years or longer and other conditions are met. See: ss.5(1)(c) and 4(2)(f) and the Ministerial Determination dated 23 August 2004. The Ministerial Determination has

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May 1, 2015

Landlords likely to consider gross leases

Today I commented on an advisory opinion given by the President of VCAT, Justice Garde, in which His Honour decided that: (a) a landlord could not recover from a tenant the costs of complying with essential safety measure requirements imposed on the landlord under the Building Act 1993 and its regulations; (b) a landlord

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July 2, 2014

VCAT is a “court” and therefore arbitration clause effective

There is a translation key(widget) on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/ In Subway Systems Australia Pty Ltd v Ireland [2013] VSC 550 Croft J held that a requirement in a franchise agreement that disputes be referred to arbitration did not prevent VCAT hearing

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