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Posted on 6 Dec 2019

Risks of landlords failing to provide retail leases estimates of outgoings

A recent VCAT decision will be of concern for landlords who fail to provide estimates of outgoings as required under the Retail Leases Act. Section 46 of the Retail Leases Act requires landlords of…

Posted on 6 Dec 2019

New Ministerial Determination which exempts farm leases from Retail Leases Act

The Minister for Small Business has published a Ministerial Determination which exempts farm leases from the Retail Leases Act. Farm leases excluded from the operation of the Act include leases of premises under which…

Posted on 26 Nov 2019

Proposed Retail Leases Amendment Bill 2019

A new Retail Leases Amendment Bill 2019 (Vic) has been tabled before the Victorian Parliament. If passed, the Bill will amend the Building Act 1993 and the Retail Leases Act 2003. The purpose of…

Posted on 26 Nov 2019

Supporting employees through family and domestic violence

As part of the National Employment Standards, employees are now entitled to take up to five days of unpaid leave each year when they are experiencing or dealing with the effects of family and…

Posted on 5 Jul 2019

New laws in relation to “off the plan” contracts

The Sale of Land Amendment Bill 2019 (Vic) has been passed by Parliament and will affect a vendor’s ability to terminate a residential “off the plan” contract under a sunset clause. A residential off-the-plan…

Posted on 4 Jul 2019

Adverse Possession

Adverse possession has been defined as ‘possession of land contrary to the interests of the rightful owner’. Adverse possession can arise when you have been using land which you do not own for an…

Posted on 30 Apr 2019

Property Co-Ownership: What is the difference between joint tenancy and tenancy in common?

When purchasing property together with another person or persons, whether it be your spouse/partner, sibling, friend or business partner, it is important that you consider the way in which you wish to co-own the…

Posted on 29 Apr 2019

Is your Heads of Agreement or email exchange binding?

When negotiating a purchase or sale or other transaction, often parties will wish to confirm the terms in writing by email or by signing a Heads of Agreement or Key Terms document. This can…

Posted on 29 Apr 2019

Wind Farm Leases

Ballarat and Western Districts are experiencing a boom in wind farm development, with many farmers being approached with offers to build turbines on their land. Unfortunately, in the excitement of extra income and a…

Posted on 25 Mar 2019

New legislation with respect to the taking of Affidavits and Statutory Declarations

The Oaths and Affirmations Act 2018 (VIC) has come into operation and makes practical changes to the law and simplifies the requirements for the taking of Affidavits. Until now there have been quite formal…