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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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The Personal Property Securities Act 2009 and property transactions
Published January 2012 On 30 January 2012 the Personal Property Securities Act 2009 (Cth) (PPSA) will commence, creating a single, national electronic register for all personal property security interests. But how will this legislation affect other pr...Read more
New National Online Register for Securities over Personal Property
Published: November 2011 In December 2009 the Commonwealth government passed the Personal Property Securities Act 2009 (Cth) (PPSA). In recognition of the substantial changes to the regime for securing rights over personal property, the PPSA does not ...Read more
New law to encourage the settlement of disputes regarding dividing fences and trees with your neighbour. No need to go to court and you can recover up to $300pa for lopping overhanging branches!
Published: August 2011 Neighbourhoods around Queensland now have more detailed guidelines on dividing fences and trees following the commencement of new legislation which enables neighbours to resolve simple disputes without heading to Court. The Neig...Read more
The Carbon Pricing Scheme – How will it affect Landlords?
Published: July 2011 The Federal Government has announced that it will introduce a price on carbon from 1 July 2012. Below is a summary of the likely impact of the Carbon Pricing Scheme (Scheme) on landlords. Utility charges The Scheme is expecte...Read more
Transfer Duty Changes to Come into Effect 1 August 2011
Published: June 2011 The Queensland Treasurer in his 2011/2012 Budget announced a number of reforms to State duties. These changes will affect most people who are looking to buy a home or investment property, and include: Introduction of ...Read more
Valuation Notices Issued
Published: May 2011 The Valuer-General issued Valuation Notices yesterday to landowners across the state. The valuations are used by: local governments as a basis for levying rates; the Office of State Revenue as a basis for levying lan...Read more
We told you so - ‘Ratchet’ Rent Review Clauses to be Outlawed for Qld Retail Leases
Published: November 2010 As predicted by us earlier this year, the Hon. Cameron Dick, Attorney General for Queensland announced on 3 November that he will introduce amendments to the Retail Shop Leases Act to outlaw ratchet rent reviews. A ratche...Read more
Quick Guide to giving disclosure under the Retail Shop Leases Act
Question: How can an owner give disclosure under the Retail Shop Leases Act? Is disclosure by email effective? Answer: Disclosure can be given by hand delivery, post, fax, and, in certain circumstances, email. An owner must comply with addit...Read more
Options Deeds – Are they governed by PAMDA?
Published: September 2010 Vale No 1 Pty Ltd v Delorain Pty Ltd [2009] QSC 425 A recent case has once again brought the issue of option deeds and relevant contracts in relation to PAMDA to the forefront. In this case, the Court had to determine whethe...Read more
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.Read more
How green is your office building?
The Commonwealth Government has recently announced the introduction of a national scheme to encourage office building energy efficiency.Read more
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.Read more
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').Read more
Release on assignment - what are the owner'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').Read more
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')?Read more
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.Read more
Deeds of company arrangement - hidden dangers for owners
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.Read more
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:Read more
Court Finds Melbourne Shopping Centre Owner 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.Read more
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).Read more
Re-Writing Rent Ratchet Clauses for Retail Leases
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.Read more
Changes to recovery of land tax from tenants
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).Read more
When reasonable compensation upon demolition needs no mitigation
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.Read more
When one disclosure statement is probably not enough
To avoid having to pay compensation when there are any significant changes in circumstances between the issue of a disclosure statement and the signing of a lease, landlords are "probably" obliged to issue an amended or further disclosure statement to tenants. This is the key point to take away from a recent decision by the Retail Shop Leases Tribunal in which our firm successfully acted for the landlord in defending 3 claims for compensation by a tenant.Read more
