Publications & alerts
Our Property & Commercial team understands the impact that legislative changes and judicial decisions can have on the way in which your business operates. We regularly alert our clients to these changes.
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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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The Commonwealth Government has recently announced the introduction of a national scheme to encourage office building energy efficiency.
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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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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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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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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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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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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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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
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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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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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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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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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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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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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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