Avoiding Disputes Over ‘Make Good’ In Commercial Leases

Avoiding Disputes Over ‘Make Good’ In Commercial Leases

Commercial leases generally contain ‘make good’ provisions requiring tenants to ensure that the premises is left in a certain condition at the end of the lease. Problems can arise when these provisions lack clarity as to the scope of the make good obligations. This article provides landlords and tenants with tools to navigate this contentious issue.

Not Every Breach Entitles You To Damages

The recent decision of the NSW Court of Appeal in BB Australia Pty Ltd v Danset Pty Ltd [2018] NSWCA 101 found that while there had been a clear breach of the franchise agreement, the franchisor had failed to show that they had incurred a loss or that a fiduciary duty had been breached, and thus, was unable to recoup damages. This finding demonstrates how the circumstances of a case can affect the remedies available for any breach.

Employment Law Update — Minimum Wage Increase

The Fair Work Commission minimum wage panel decision of 1 June 2018 announced a 3.5% increase to the Federal Minimum Wage Rate.

The decision lifts the federal weekly minimum wage from $18.29 per hour ($694.90 per week) to $18.93 per hour ($719.20 per week). 

The increase in minimum wages will take effect from the first full pay period commencing on or after Sunday, 1 July 2018.

Introduction to the new Long Service Leave Act 2018 (Vic)

The Victorian parliament has passed the Long Service Leave Act 2018 (Vic) (LSL Act 2018) that is set to supersede the the Long Service Leave Act 1992 (Vic) (LSL Act 1992).

This article explains the key changes to long service leave rules and when they will come into effect.