BARRY.NILSSON. Lawyers

New law balances the scales for consumers

On 17 March 2010 the Federal Parliament passed amendments to the Trade Practices Act which introduces a new regime to regulate unfair contract terms.

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How green is your office building?

The Commonwealth Government has recently announced the introduction of a national scheme to encourage office building energy efficiency.

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How green is your shopping centre?

Shopping centres are responsible for the consumption of approximately half the energy used in the commercial property sector nationally. This equates to approximately 4 to 5% of the national energy use annually.

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Australasian Airport Landside Transport Conference - October 2009

Clive Nichol and Shanna Livingstone recently delivered a seminar for the Australasian Airport Landside Transport Conference in Townsville on two interesting topics: managing personal injury claims and implications of the new Disability (Access to Premises Buildings) Standards 2009. Get a copy of the slides here.

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Has the GFC changed how the courts apply PAMDA to contract disputes?

In recent times, plunging property values have prompted many buyers to look for ways to escape their contracts by relying upon technical breaches by sellers of the Property Agents and Motor Dealers Act 2000 (Qld) ('PAMDA').

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Release on assignment - what are the lessor's obligations?

In 2006 the Retail Shop Leases Act ('Act") was amended to provide that an assignor would be released from liability for any breach of the lease by an assignee after the assignment date ('statutory release').

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Owner's disclosure obligations when extending the term of a lease

Question: When the term of a lease is being extended by agreement (rather than upon the exercise by the tenant of an option to renew), is the Owner required to give the tenant a disclosure statement under the Retail Shop Leases Act ('Act')?

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Forced Relocations - What must be included in a Relocation Notice?

A landlord may wish to relocate a tenant for a variety of reasons. With a view to maintaining a harmonious relationship between the parties, a landlord would normally seek to reach agreement with its tenant so that the relocation takes place on a co-operative basis.

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Deeds of company arrangement - hidden dangers for landlords

Henaford v Strathfield Group [2009] NSWSC 539 In a recent NSW decision a landlord was prevented from recovering future rent and outgoings from a tenant who had been placed into voluntary administration.

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Update - Changes to recovery of land tax from tenants

Update The amendments of the Land Tax Act (1915) have now been passed and came into effect on 30 June 2009. As a result, landlords may now recover land tax from tenants provided that the lease:

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Court Finds Melbourne Retail Landlord Guilty of Unconscionable, Misleading and Deceptive Conduct

The ACCC brought proceedings against the landlord of "the Paramount Centre" in Melbourne's Bourke Street in relation to alleged breaches of the Trade Practices Act 1974 ("TPA"). The allegations primarily related to Dukemaster (and its General Manager, Ms Wong) engaging in unconscionable, misleading and deceptive conduct throughout its dealings with four tenants who leased premises within the food court in the centre.

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Shopping Centre's Cleaner Not Responsible for Slip and Fall

A woman injured herself when she slipped on a squashed orange at Top Ryde Shopping Centre and sued the shopping centre owner. The owner in turn made a cross claim against its cleaning contractor (which was by then in liquidation).

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Court of Appeal declares that

Connor Hunter v Keencrest Pty Ltd [2009] QCA 156 (9 June 2009) The Queensland Court of Appeal has today declared that ?ratchet? rent review clauses in a lease are permitted by the Retail Shop Leases Act 1994 (?Act?). Ratchet rent review clauses do not allow CPI or market rent reviews to decrease the rent.

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Changes to recovery of land tax from tenants - June 2009

The Queensland Treasurer, Mr Andrew Fraser introduced the Revenue and Other Legislation Amendment Bill (2009) on 3 June 2009 (Bill). The Bill amends several existing laws, in particular the Land Tax Act (1915) (Act).

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Managing a retail portfolio of sitting tenants to reduce uncertainty and conflict - April 2009

It is important to note that this section only applies to leases entered on or after 3 April 2006. The common law position in relation to privity of contract continues to apply to leases entered before 3 April 2006. You will note that section 50A(1) provides that the release given to the assignor under section 50A(2) is subject to:

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When reasonable compensation upon demolition needs no mitigation - March 2009

The tenant (who was an individual) operated a Halal food business from a shop in the landlord?s retail shopping centre, Raptis Plaza. The tenant?s lease was for a period of 5 years, commencing on 1 June 2002, with an option to renew for a further 5 years.

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