News

Trustees Beware – How to Avoid an Extra 8% in Stamp Duty

By Devin Elliott, Law Graduate As of March 2020, the Victorian State Revenue Office will treat all discretionary trusts (including family discretionary trusts) as foreign trusts if the discretionary trust has any potential foreign beneficiary. Trustees of discretionary trusts intending to acquire residential property for the trust may inadvertently find themselves being required to pay…

Government extends Commercial Tenancy Relief Scheme

By Alicia Hill, Principal The Victorian Government has announced that the Commercial Tenancy Relief Scheme (the Scheme) will be extended to 28 March 2021.  From 1 January 2021, when the extension will take effect, if you want to request rent relief for the period 1 January 2021 until 28 March 2021, you will need to make a new written application to your landlord…

Is it a Lease or a Licence? – What does that mean for a landlord with a defaulting occupant?

As the reality of the COVID-19 pandemic hits the commercial sector, there has been an increase of businesses challenging the legal arrangements under which they occupy premises. Often their inability to pay rent forms the basis of a dispute. Such a dispute arose in the recent VCAT decision of Sumbul Holdings Pty Ltd v LDZ Pty Ltd (Building and Property) [2020] VCAT 1272 where an occupant butcher who had fallen into arrears, challenged the nature of their occupation with a view of obtaining relief.

Collective bargaining to be permitted by Class Exemption for small businesses, franchisees and fuel retailers

It has taken some time, but the ACCC has announced for the first time in October 2020, that they will make a class exemption for small businesses, franchisees and fuel retailers.  This will allow them to negotiate as a group with their suppliers/processors, franchisor or fuel wholesaler respectively without having to lodge a notification or seek authorisation from the ACCC.