Latest thinking

Litigation & Dispute Resolution| 07 Apr 2021

A retail premises sub-lease: what does that mean about the head-lease?

If a sub-lease is a retail premises lease, does that mean the head-lease is also a retail premises lease? We consider this question in light of a recent case heard by the Victorian Civil and Administrative Tribunal.

Litigation & Dispute Resolution| 10 Dec 2020

Roaring to victory: Victorian Supreme Court of Appeal provides guidance on ‘jumping’ in and out of retail leases

In a second win for the Richmond Football Club this year, the Victorian Supreme Court of Appeal in Verraty Pty Ltd v Richmond Football Club Ltd [2020] VSCA 267 has emphatically upheld Justice Croft’s earlier decision in Richmond Football Club Ltd ...

Insolvency & Reconstruction| 05 Dec 2019

A timely reminder: extensions of time for registration under PPSA

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Property & Projects| 30 Jul 2019

Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

The Victorian Civil and Administrative Tribunal has recently handed down the decision of Phillips v Abel [2019] VCAT 1031 which continues the trend of pushing the boundary of what had traditionally been considered ‘retail premises’ for the purposes of the Retail Leases ...

Insolvency & Reconstruction| 11 Dec 2018

Corporate trustees and ipso facto reforms

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced new laws which operate to stay the enforcement of ipso facto clauses that are triggered upon a company suffering an insolvency event. These new laws come into effect for ...