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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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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Society has always prided itself on honouring a handshake agreement. But, what happens when one of the parties shaking hands, is not honourable? Unless your handshake is backed with a written agreement, you might not have a ...
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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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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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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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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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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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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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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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