News

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.

Commercial Tenancy Rent Relief Scheme Extended

On 1 October 2018, the Fair Work Commission, as part of its 4-year modern award review, made a decision to amend evening, Saturday and Sunday penalty rates. This article explains these amendments.

Responsible Lending Obligations to be Wound Back

The Federal Government’s has recently announced a plan to wind back responsible lending obligations on lenders to boost Australia’s economic recovery. This article explains the key changes and how this proposed streamlining will change the current regulatory landscape.