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

Thinking| 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 ...

High Court of Australia rules that VCAT cannot hear disputes where a party is not a resident of Victoria

Thinking| 26 Apr 2018

High Court of Australia rules that VCAT cannot hear disputes where a party is not a resident of Victoria

Last week’s High Court decision in Burns v Corbett (2018) HCA 15 is likely to have far-reaching consequences for disputes in the Victorian Civil & Administrative Tribunal (VCAT) where one party resides outside of Victoria. The High Court held that section 75(...

Standards and conditions of Aboriginal cultural heritage land management agreement released

Thinking| 10 Aug 2016

Standards and conditions of Aboriginal cultural heritage land management agreement released

Following our update Public land managers – are you aware of the new Aboriginal cultural heritage land management agreements?, the Aboriginal Heritage Amendment Regulations 2016 (Vic) (Regulations) have been passed and set the standards and conditions for preparing an Aboriginal Cultural heritage ...

Public land managers – are you aware of the new Aboriginal cultural heritage land management agreements?

Thinking| 04 Aug 2016

Public land managers – are you aware of the new Aboriginal cultural heritage land management agreements?

The Aboriginal Heritage Amendment Act 2016 (Vic) (Act) introduces a new form of agreement to minimise the need for numerous permits where public land managers seek to conduct low to medium impact works on public land. These agreements, known as Aboriginal ...

Get your expert determination clause right or suffer the consequences!

Thinking| 26 Apr 2016

Get your expert determination clause right or suffer the consequences!

Leases and contracts commonly include clauses requiring a dispute to be determined by an expert. Matters for determination can include the rent payable under a lease or the value of land under an option agreement. The decision of an impartial ...