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

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...
3 December, 2019

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...
3 December, 2019

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...
20 November, 2019

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...
17 November, 2019