News

Reversal of decision in Commissioner of Taxation v Bosanac – over turning the presumption of advancement?

The recent decision of Commissioner of Taxation v Bosanac (No. 7) [2021] FCA 249, whereby the Commissioner commenced proceedings to seek a declaration that the wife held 50% of the property on trust for her husband, without any evidence of intention, has been overturned by the Full Federal Court in Commissioner of Taxation v Bosanac [2021] FCAFC 158.

Commercial Tenancy Relief Scheme Regulations 2021 now released – Take 2!

On 24 August 2021, the Commercial Tenancy Relief Scheme Regulations 2021 (“the Regulations”) came into effect.

The Regulations are more complex than the 2020 Regulations and the process for applying for rent relief has changed and is more cumbersome, so it is important that tenants take time to understand the new process and seek legal advice.

Victorian Government announces new rent relief scheme

By Evelyn Marcou, Senior Associate The Victorian Government today announced a new/extended Commercial Tenancy Relief Scheme (“CTRS”) for small to medium sized tenants in Victoria. It appears that the scheme will mirror the Regulations that were first put into place from late March 2020 under the COVID-19 Omnibus (Emergency Measures) Act 2020 (the “Act”). At…

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.