Robert Hay Property Law Melbourne
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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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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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Can a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) cease to be a “retail premises lease” during its term? That long-standing question has finally been resolved. In Verraty Pty Ltd v Richmond Football Club Ltd [2019] VCAT 1073 the Tribunal held that a lease could cease to a
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The High Court has resisted an invitation to expand the grounds on which a party can enforce an oral contract for the sale of the land on the ground of part performance. Legislation in each State and Territory requires that contracts for the sale of land meet certain formal requirements if they are to be
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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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Vendors of properties who have paid commissions to real estate agents are gearing up to recover the commissions on the ground that they were paid by mistake following the Court of Appeal’s decision in Advisory Services Pty Ltd v Augustin [2018] VSCA 95. Agents are in turn likely to take action against the party that drafted
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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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VCAT recently held that a tenant had not breached a lease by permitting users of AirBnB to stay in the tenant’s apartment. The landlord argued that the tenant had breached the lease by subletting the apartment in breach of the lease. The landlord sought possession of the apartment. The cornerstone of a lease is that
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Valuers determining the “current market rent” rent under leases concerning retail premises must ensure that the valuation: contains “detailed reasons” for the determination; and “specify the matters to which the valuer had regard in making the determination”. See: s.37(6)(b) and (c) of the Retail Leases Act 2003. Both requirements must be met; a determination that
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Tenants should dispute the rent specified by a landlord at a rent review date within the time specified by the lease. Dire consequences can follow if the time periods are ignored . The rent review process for setting the market rent commonly provides for: the landlord to propose the new rent and, if the tenant
