Author: Gina Szwider

Caps are 'on' according to the Supreme Court

The Supreme Court gives rent review caps a ‘nod’ The Supreme Court of Victoria has recently delivered a ruling confirming that a cap on rent reviews is not prohibited under section 35 of the Retail Leases Act 2003 (Vic) (RLA). ...

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How strong are a landlord’s claws?

In the current leasing landscape, it is not uncommon for landlords to offer lease incentives to entice prospective tenants. The claw’s jaws An incentive in a lease can be structured in various ways, including: a rent free ...

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More changes for landlords and tenants under the new Retail Leases Amendment Act

The Retail Leases Act (Vic) 2003 (Act) has been the governing legislation for many retail and commercial leases for over 15 years. But 2020 is a year of change. On 15 September 2020, the Victorian Government passed the Retail ...

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Powers for determining rent relief disputes expanded

As contemplated in our previous blog, on 3 September 2020, the Victorian Government has now introduced COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 (Bill) into the Legislative ...

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Victorian rent relief extended until the end of 2020

As described in our previous blog, the current COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Regulations) apply from 29 March 2020 to 29 September 2020. On 20 August 2020, the Victorian ...

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Cracking the code on your security deposit

Commercial leases typically include provisions that require the tenant to provide security to secure the performance of its obligations. Typically, a tenant may be required to provide security in the form of: a cash security ...

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Policy guidance on the Victorian Government’s relief scheme

In our previous blog, we discussed the guidance provided by the Victorian Small Business Commissioner regarding the type of information a landlord can request pursuant to the COVID-19 Omnibus (Emergency Measures) Act 2020 and the ...

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COVID-19: Western Australia implements its own regulations to protect commercial tenants

On 29 May 2020, Western Australia released the Commercial Tenancies (COVID-19 Response) Regulations 2020 (Regulations). The Regulations, alongside the Commercial Tenancies (COVID-19 Response) Act 2020 (Act), provide clarity on how the ...

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What makes Bespoke unique?

 Bespoke adopts a revolutionary approach to legal services. Our business model does away with fixed overheads, bureaucratic traditional firm processes and inflexible fee agreements. In place of these we have built a law firm, ...

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Queensland introduces regulations to mitigate effect of COVID-19 on commercial tenancies

On 28 May 2020, the Queensland Government introduced the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Regulations). These Regulations provide clarity on how the National Cabinet’s ...

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