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Last week I presented a paper at the Leo Cussen Centre for Law’s Property Law Conference entitled “Essential Services and the Recovery of Expenses”. The paper can be found here: Leo Cussen paper (October 2012)
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Occasionally I am asked whether premises are “retail premises” under s 4(1) of the Retail Leases Act 2003 where a retail business is conducted on a small piece of a substantial area of leased land. This issue arose in Bretair Pty Ltd v Cave [2012] VCAT 1039. The premises were used as a service station and road house restaurant business. The…
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It is often difficult to determine whether premises are “retail premises” within the meaning of s 4 of the Retail Leases Act 2003 Act. Section 4(1) provides that “retail premises” means premises that: “under the terms of the lease relating to the premises are used, or are to be used, wholly or predominantly for –…
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In Ireland v Subway Systems Australia Pty Ltd and Subway Realty Pty Ltd [2012] VCAT 1061 a tenant contended if an agreement (which it contended was a licence) was held to be a lease then the dispute had to be determined by an arbitrator pursuant to an arbitration clause and not by VCAT. The arbitration clause…
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Some of you have suggested that this blog has been too quiet of late. There has been a good reason for that – I have been busy finishing the The Mortgagee’s Power of Sale. Clyde Croft (now The Honourable Justice Croft) wrote the first edition, was co-author of the second edition and is co-author of the 3rd edition. The Mortgagee’s Power of Sale will provide an…
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The Landlord and Tenanct Act 1936 will be repealed effective 1 September 2012: see s.236 of the Australian Consumer Law and Fair Trading Act 2012 and the Victorian Government Gazette, No S291, 28 August 2012. Part 4.2 of ACLFT now governs a landlord’s rights and obligations concerning uncollected goods left on leased premises. While Part V…
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Some of Melbourne’s finest legal minds are spending long hours trying to solve the question of whether a landlord can recover from a tenant the costs of complying with the landlord’s obligations under the Building Act 1993 (Act) and regulations. Much of the debate concerns s 251 which provides that: “(1) If the owner of a…
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In yesterday’s post I stated that the Fair Trading Act 1999 had been repealed effective 1 July 2012 and replaced with the Australian Consumer Law and Fair Trading Act 2012. Many commercial disputes brought in VCAT were “consumer and trader” disputes within the meaning of s.107 of the FTA. Chapter 7 of the new Act preserves the “consumer and…
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The Fair Trading Act 1999 was repealed on 1 July 2012 and replaced by the Australian Consumer Law and Fair Trading Act 2012. Some parts of the ACLFTA have not yet come into force including Part 4.2 (disposal of uncollected goods), Part 5.2 (liability of accommodation providers), s.234 (repeal of Disposal of Uncollected Goods Act 1961), s.235…
