Commercial retail leasing.

Blog

Silence is golden: why NDAs are more important than you think

Whether you’re launching a startup, entering into a joint venture or simply discussing a new idea with a potential partner, protecting sensitive information is crucial. That’s where a non-disclosure agreement (NDA) comes in - a legal tool designed to safeguard confidential information from being disclosed or misused.

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Caps are 'on' according to the Supreme Court

The Supreme Court of Victoria recently delivered a ruling confirming that a cap on rent reviews is not prohibited under section 35 of the Retail Leases Act 2003 (Vic). This overturns a ruling by VCAT, which had determined that caps on rent reviews constituted a second method of review and were therefore void.

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Countdown to change: preparing your business for changes to the unfair contract terms regime

Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime). The Unfair Contract Terms Regime applies to consumer contracts and small business contracts that are considered standard form contracts.

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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...

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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 Leases...

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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 Assembly.

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Victorian rent relief extended until the end of 2020

The Victorian Government announced that it will extend the commercial tenancy relief scheme from 29 September 2020 until 31 December 2020. Key takeaways from the latest announcement include ...

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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 deposit; a bank guarantee; or...

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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...

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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)...

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