Robert Hay Barrister
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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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This post is a revised version of a post published on 7 November 2025. Please ignore the earlier post. If a lease is a “retail premises lease” governed by the Retail Leases Act 2003 (Vic) but upon renewal the lease is not a “retail premises lease”, is the renewed lease affected by the lease having been a
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A default notice given under a lease does not necessarily require the tenant to rectify the defaults alleged within the time specified in the notice The Victorian provision concerning default notices is s.146(1) of the Property Law Act 1958. Section 146(1) provides in part: A right of re-entry or forfeiture under any proviso or stipulation in a lease
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Deposits hold a special place in contracts for the sale of land and do not fall within the general rules about penalties. Where a purchaser defaults the deposit (customarily 10 per cent) can be forfeited even though the amount of the deposit bears no reference to the anticipated loss to the vendor flowing from the
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What is the extent to which a contract is under the “control of the court” after an order for specific performance is made in favour of a vendor of land, the purchaser fails to comply with that order and the vendor then seeks vacation of the order and leave of the court to obtain damages
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The Honourable Justice Croft, Robert Hay KC and Brett Harding of counsel will be the authors of the new edition of the leading text on mortgages in Australia, Fisher & Lightwood’s Law of Mortgage. The publisher is LexisNexis. The 3rd editor was published in 2014. The publication date has not yet been determined.
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Where an owner of land is struggling to pay loans secured over the land it is not uncommon for the owner to enter into a lease with a related party in an attempt to avoid losing control of the land should the mortgagee enter possession and attempt to sell the land. The questions which arise
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In Gayed & Anor v Yuan [2024] VSCA 85 the Victorian Court of Appeal confirmed that: The purchasers bought land for $3,190,000 and paid a deposit of 10% of the purchase price, being $319,000. Three weeks before settlement the purchasers’ solicitor advised the vendor that the purchasers would be approximately $160,000 “short” of the balance needed to
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The latest edition of The Mortgagee’s Power of Sale has been published by LexisNexis. Now in its fourth edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in selling mortgaged property under the
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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
