Leasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931
AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to assign the lease for the business to the […]
ReadmoreLeasing Insider | Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu [2018] NSWSC 868 (12 June 2018)
Margaret Sze Tu, Shiu How Sze Tu, Shiu Shing Sze Tu, Helen Sze Tu (the Landlord) were the registered proprietors and owners of premises known as Shop 5, 42-44 Queen Street, Campbelltown. The dispute between the parties related to an alleged lease to Jam Studios Pty Ltd (the Tenant), who was in possession of the […]
ReadmoreLeasing Insider | Versus (Aust) Pty Ltd v A.N.H. Nominees Pty Ltd [2017] VCAT 859
Versus (Aus) Pty Ltd (the Tenant) leased retail premises located in Church Street, Brighton from A.N.H. Nominees Pty Ltd (the Landlord). The Tenant operated a lingerie business from the premises from June 2006 until the Tenant vacated in May 2011. The premises was affected by water and moisture ingress which resulted in excessive mould within […]
ReadmoreLeasing Insider | PG Kazis Nominees P/L v Bakers II P/L & ORS [2018] SADC 48
PG Kazis Nominees Pty Ltd (the Landlord) entered into a retail lease with Bakers II Pty Ltd (the Tenant). The term of the lease was for 5 years commencing on 1 March 2003 with options for two further terms of five years each. The Tenant exercised the first option to renew which expired on 28 […]
ReadmoreLeasing Insider | William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (Building and Property) [2018] VCAT 15
William Buck Pty Ltd (the Tenant) entered into a lease with Motta Holdings Pty Ltd (the Landlord) which required the tenant to pay land tax in respect of the premises. After entering into the lease and paying significant sums of land tax to the Landlord, the Tenant subsequently claimed that the lease fell under the Retail […]
ReadmoreA snapshot of the changes to the Residential Tenancies Act 1997
On 6 September 2018 the Residential Tenancies Amendment Bill 2018 was passed by Parliament and included more than 130 reforms which aim to increase protection for renters. The Residential Tenancies Amendment Act 2018 (RTAA) is due to come into effect progressively and completely, by 1 July 2020 and will amend the Residential Tenancies Act 1997 […]
ReadmoreRoyal Commission to be established to look at Australia’s aged care sector – what might providers expect?
In a joint statement with the Health Minister Greg Hunt and the Aged Care Minister Ken Wyatt, Prime Minister Scott Morrison announced that the Government has made a decision to establish a Royal Commission into the Aged Care Sector. The announcement recognised that there are ‘thousands of extraordinary operators, facilities, care providers, nursing and other […]
ReadmoreVictorian Municipal Councils to facilitate for finance rectification costs of combustible cladding
The Building Amendment (Registration of Building Trades and Other Matters) Bill 2018 introduces reforms to the Victorian Local Government Act 1989 to allow residential owners and owners corporations to access low cost finance to fund the cost of removing combustible cladding. Following the recommendations of the Victorian Cladding Taskforce, these reforms will introduce Cladding Rectification […]
ReadmoreTwo wrongs don’t make a legal right
Equal treatment is a fundamental principle of justice. This is well understood in the abstract, but what it might mean in practice and how it might be enforced is less clear, as is demonstrated by an important recent UK decision[1] that will be monitored closely by Australian lawyers. The case As a result of […]
ReadmorePersonal Property Securities Act – register or regret
State and local governments have large asset portfolios and enter hundreds – if not thousands – of property dealings every year. The Personal Property Securities Act 2009 Cth (the Act) has critical implications for common property transactions. Government property owners: need to be alert to the real risk of losing title to goods if appropriate […]
ReadmoreChanges in the pipeline for data protection in Queensland
2018 has been a big year in data. Spurred on by recent well publicised global data breaches such as the Cambridge Analytica‘s data harvesting of Facebook in the lead up to the 2016 US presidential elections), this year has seen the introduction of ground-breaking new data laws both in Australia and internationally. This article explores […]
ReadmoreIpso Facto Reforms
On 1 July 2018, the Australian Government’s ipso facto reforms (the Reforms) came into effect.[1] Rather than prohibiting the inclusion of ipso facto clauses, the Reforms impose statutory limitations on the enforcement of certain rights found in contracts, agreements or arrangements. It is crucial that government and government agencies understand these Reforms and take them […]
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