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