Madgwicks’ Property Insights Newsletter: February 2020

Welcome to the February 2020 edition of the Madgwicks Lawyers Property Insights Newsletter! Download the full Property Insights Newsletter here. Articles include: New changes proposed to the Act: Partner Rohan Ingleton provides an overview of the proposed changes to the...
6 February, 2020

Against the law to claw (back)? Leasing incentives and claw back provisions in the spotlight in Victoria

In brief VCAT has recently applied a decision by the Queensland Supreme Court regarding clawback clauses which has the potential to affect how the clauses are applied in Victoria. Background When negotiating lease agreements, landlords can offer incentives to tenants...
5 February, 2020

Pushing the boundaries: What to do with misaligned property boundaries in Victoria

As a purchaser of property, you might assume that what you are buying is all the land occupied within its physical boundaries. Similarly, you may assume that at settlement you will receive all of the land as described in the...
5 February, 2020

Valuer and Retail Leases Update – New changes proposed to the Act

In brief The Retail Leases Amendment Bill 2019 was introduced into the lower house late last year. There are proposed changes to the Act, which I will summarise below. What you need to know Property managers will need to be...
3 February, 2020

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...
12 January, 2020

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...
16 December, 2019

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...
11 December, 2019

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...
3 December, 2019

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...
3 December, 2019