News

Challenging Rental Determinations

If a landlord and tenant cannot agree on the current market rent when exercising an option, or renewing a lease, then the rent must be determined by a specialist retail valuer.
But, what happens when a landlord or tenant wants to challenge the rent determination of retail premises lease prescribed by the independent valuer?

This article explains the options available to tenants and landlords who disagree with rental valuations provided by an external party.

High Court Refuses Special Leave. The “Ultimate Consumer Test” Is Here To Stay In Determining Whether Premises Are “Retail”

Last Friday, the High Court of Australia refused special leave to appeal the decision of the Victorian Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178.

Staff Success

MST Lawyers are pleased to congratulate our newest lawyer admitted to practice, Elizabeth Moore, and Joy Allen for being awarded Legal Executive of the Year by the Institute of Legal Executives (Victoria).

The “Ultimate Consumer” Test: Another Application

We have witnessed activity in the Court system around cases where wholly or predominantly supplied services are considered retail, regardless of whether or not these services are supplied to the public or business-to-business.

Fundamentally, the judgements determine whether or not leases of this nature are governed by the Retail Leases Act 2003.