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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 Act 2003 (Act). Following the comments made by the Victorian Supreme Court of […]

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(iv) of the Australian Constitution provides courts with original jurisdiction in matters where parties […]