The 2012 review of the Queensland Retail Shop Leases Act is still ongoing. Early (sic) indications are that there will be no material change to even the negotiation and information imbalance between industry stakeholders. The Queensland Government seems more interested…
The 2013/14 review of the New South Wales legislation is under way. NSW appears to be seeking far more transparency in regard to leases and lease negotiation than you find in QLD where there is an information asymmetry between parties.…
For the record. Normally the New South Wales ADT demonstrates the most common sense, with decisions that are both clear-cut and fair and equitable. Not so in Eastpoint vs Grayson (matter 105212) [since dismissed by Judicial Member Molony, who then…
My office has just had an overseas due diligence inquiry about the purchase of a large Australian retail chain. The price points (and value and price they might pay, and the rents and valuations and the sustainability of same) are…
We pay the legislators, regulators and judiciary good money to legislate, regulate, and make decisions that make good sense, that bring about efficacy and certainty to the law and how the industry conducts itself. The general intent in State Tenancy…
In Queensland flooding of shops and businesses has seen landlords and tenants scrambling for their leases; every situation is different, sometimes legal opinion is required, sometimes a commercial outcome is best. Sometimes legal and commercial redress is required. Most leases…
State/Jurisdiction: District Court Dispute No BD3053/08 Putney Bridge Pty Ltd and Y&P Pty Ltd & Ors Complexity:7.5 / 10 Parties to Dispute: Plaintiff: Landlord of small shopping centre Defendant: Tenant (food shop) Type of Dispute: Outgoings Dispute Instructions Received from…
State/Jurisdiction: QCAT Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: QCAT 033 – 11 Nobilio & Christodoulou t/a Essentials vs ISPT Pty Ltd https://www.sclqld.org.au/caselaw/QCAT/2013/206 Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease Description of Dispute: Significant…
State/Jurisdiction: Western Australia Supreme Court Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: Jascot Lodge No 3 Pty Ltd, t/a Shearers Menswear, Garden City Booragoon Shopping Centre, City of Melville, Perth and AMP Life Ltd Type of Dispute: Alleged Breach…
State/Jurisdiction: Did not go to court (Potential Tribunal/Supreme Court). Complexity: 7.0/10 Parties to Dispute: Taytom Pty Ltd, trading as Hayley Lewis Swim School vs Lend Lease Real Estate Investments Limited and Westfield Management Limited both represented by major law firms.…