Robert Hay KC Blog

VCAT jurisdiction

  • 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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  • VCAT loses jurisdiction to hear a dispute where a party is not resident in Victoria

    Following last week’s High Court decision in Burns v Corbett [2018] HCA 15 the Victorian Victorian Civil and Administrative Tribunal has lost its jurisdiction to hear and determine a dispute where one of the parties is resident of a State other than Victoria. This will pose significant problems for VCAT particularly concerning its exclusive jurisdiction to

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