Changes to the Retail Leases Act 2003 – Early Market Reviews and changes to Disclosure Statement Requirements

Landlords and tenants should be aware of the recent amendments to the Retail Leases Act 2003 (“Act”) by the Retail Leases Amendment Act 2020, in particular in relation to early market reviews and the timing for provision of a Disclosure Statement to the tenant.

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.

Happy Lunar New Year

9 Feb 2021

MST Lawyers is wishing everyone a joyful and prosperous Year of the Ox!

How To Effectively Set Off Entitlements: IFAs, Common Law Set-Off and Annualised Wages

The recent high-profile case involving underpayment of award entitlements by the Macquarie Bank gives a timely reminder of the importance (and legality) of written set-off clauses in common law contracts and other legitimate set-off options.