Valuer and Retail Leases Update – Leases can no longer fall out of the operation of the Act

In brief You may recall in an update last year, I referred to a VCAT decision, which determined that a lease could cease to be governed by the Act during the term where occupancy costs (being rent and outgoings payable by the tenant under the lease) increased to more than $1 million. You will also […]
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Valuer and Retail Leases Update – 2019 Final Wrap

A summary of the 2019 developments is as follows: January update: A landlord will be liable for air-conditioning if the lease specifies that air-conditioning is included in the premises. This means that a valuer will determine a rent based on premises being air-conditioned: Meadsview Pty Ltd v Fenton. February update: If customers cannot attend premises to […]
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Sorry I didn’t get that – service of documents on a Company

In brief His Honour Justice Sifris has given a clear and detailed explanation of what will be considered proper service on a company in his recent decision in Re Kornucopia Pty Ltd (No 1) [2019] VSC 756 (‘Kornucopia’). The matter was heard in conjunction with the winding up application of two related entities, Efektiv Pty Ltd (Efektiv) […]
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How is Telecommunications Leasing Different to Any Other Type of Commercial Leasing? Part Three: Variations to the usual commercial leasing positions

Following on from part one and part two of my article titled: How is telecommunications leasing different to any other type of commercial leasing?  I will conclude the series by highlighting some of the interesting variations to usual commercial leasing positions. No Interference! Often a carrier might seek to limit what a landlord can erect […]
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Home is where the heart is: Adverse possession in urban Melbourne

A property developer in Sydney has succeeded against the relatives of a deceased property owner in his right to the title deed of a home in the inner Western Sydney suburb of Ashbury. This case has captured media attention throughout its journey in the courts, as many people watch in disbelief that a person in […]
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Foreign Purchaser Additional Duty – Updates and Exemptions

Section 28A of the Duties Act 2000 (Vic) provides that additional duty is payable when a foreign purchaser acquires residential property in Victoria. As of 1 July 2019, the rate of additional duty increased to 8%. This is payable in addition to the regular rate of duty that is otherwise payable on the transaction. As […]
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Lenders, don’t get complacent about your National Credit Code obligations

In brief The National Credit Code (Code) imposes a number of onerous obligations on lenders and serious penalties for non-compliance. As a result, lenders need to ensure that they undertake necessary due diligence in order satisfy themselves as to the application and use of credit being advanced to borrowers, particularly in the case of natural […]
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Madgwicks Property Insights Newsletter: December 2019

Welcome to the December 2019 edition of the Madgwicks Lawyers Property Insights Newsletter! Download the full Property Insights Newsletter here.   Articles include: Foreign Purchaser Additional Duty – Updates and Exemptions: Partner James Christodoulakis explains the recent increase in duty payable when a foreign purchaser acquires residential property in Victoria as well as exemptions available. […]
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Sign on the dotted line not online: Execution by e-signing may not be binding

A recent South Australian Supreme Court case has shined the spotlight back on the validity of e-signatures, confirming that it is better to put pen to paper rather than signing online. The rise of e-signing software and the dynamic nature of business has increased the desire to execute contracts with the click of a button. […]
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