News
COVID-19 Rent Relief Legislation: Preventing forfeiture?
VCAT has had its first hearing in which relief from forfeiture was sought under the COVID-19 Commercial Tenancies regulations. In the matter of PS Market Pty Ltd v Brijcam Nominees Pty Ltd (Building and Property) [2020] VCAT 1468, the Tribunal had to consider the COVID-19 legislation relating to commercial tenancies. This article analyses the outcome of this case and illustrates the importance of parties’ knowledge of their rights in a tenancy agreement and potential relief that may be available depending on the circumstances.
Which Owners Corporation Fees are Enforceable: VCAT Lessons
The recent Victorian Civil and Administrative Tribunal (the Tribunal) decision in Owners Corporation No. 1 PS511700W v St Marys Investments Pty Ltd dealt with a dispute over fees charged to a lot owner for services that were provided to a larger development within which the Owners Corporation land was a subdivision. The reasoning of the Tribunal provides insight into which fees charged by an Owners Corporation will be enforceable against Lot Owners. It serves as a reminder that fees are not limited to services relating solely to the land of the Owners Corporation,
Getting paid for work done (Quantum Meruit): the importance of expert evidence
In the recent case of Roude v Helwani [2020] NSWCA 310, the Court of Appeal of New South Wales considered an appeal from a judgment of a Local Court of New South Wales Magistrate regarding a claim for reasonable remuneration for electrical and plumbing work performed (quantum meruit). This case illustrates the complexities that can arise regarding claims for payment, the importance of expert evidence in showing what is fair and reasonable remuneration, and the need for a correct strategy in making a claim.
Intricacies of Oppressive Conduct: JAB Nominees (Aust) Pty Ltd v Auswild
By Alicia Hill, Principal and Harrison Breer, Law Clerk In the recent case of JAB Nominees (Aust) Pty Ltd v Auswild [2020] VSC 731, the Supreme Court of Victoria considered whether, in filing and maintaining a proceeding against the Defendant Shareholders, the Third Party Directors of the corporation had engaged in oppressive conduct. Background After…