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FMCG Express | March 2022 Edition

Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]

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Electronic execution and modernised meetings under the Corporations Act – here to stay (finally)

With little fanfare, the highly anticipated Corporations Amendment (Meetings and Documents) Bill 2021 (Bill) was passed by both Houses of Parliament in the final sessions of Parliament before the coming Federal Election. The Bill amends the Corporations Act 2001 (Cth) (Corporations Act) and establishes a permanent mechanism to allow companies and registered schemes to hold hybrid (in person […]

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COVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business

In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]

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COVID-19 | Regulation extended, but reduced rent relief regime, for impacted lessees in NSW

In response to the continued impact of restrictions on businesses in New South Wales, the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2022 (NSW) (Updated Regulations), commencing 13 January 2022. What has changed? The Updated Regulation extends the protections, but reduces the entitlement to rent relief, granted to impacted […]

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Land Use Framework Plans – A new level in Melbourne’s strategic planning framework

The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]

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Owners Corporation Update: Obtaining an order for unanimous consent just got harder

The Owners Corporations and Other Acts Amendment Act 2021 (Vic) (the Amending Act) which is due to commence on 1 December 2021 will significantly alter the circumstances in which a member of an owners corporation, or an owners corporation itself, have standing to apply to VCAT for orders under sections 32 or 33 of the […]

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Electronic signatures are back for the time being

The Federal Government has now passed the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Amending Act) which amends the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. These changes became effective on 14 August 2021. As noted in our previous article, the […]

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COVID-19 | Victorian Commercial Tenancy Relief 2.0 – Here we go again!

On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]

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COVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW

In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]

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New priority planning pathways for social and affordable housing development

There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]

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COVID-19 | Land tax relief for landlords in NSW

The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]

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Impact on mortgagees of a bankruptcy trustee’s disclaimer of mortgaged land

A mortgagee may be faced with a situation where the mortgagor becomes bankrupt and the trustee, in which the property then vests, disclaims the mortgaged property. We outline the process a mortgagee is required to follow when a mortgaged property has been disclaimed and summarise the key issues considered by the Court. Click below to […]

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