Legal Insights
Retail Leases Act 2003 does not apply to premises above third storey
Certain retail premises are excluded from the protection and requirements of the Retail Leases Act 2003 (Act), including premises used for the retail provision of services located above the first three floors in a multi-story building (Third Storey Exclusion). A recent VCAT ruling in Aqua Greenland Pty Ltd v Max Therapy School Pty Ltd (Building and Property) [2023] VCAT 449 has considered the Third Story Exclusion.
LAND PURCHASERS TO BENEFIT FROM LAND TAX AND WINDFALL GAINS TAX EXCLUSIONS ON SALE
Legislation in Victoria has now passed the Legislative Assembly to prohibit a vendor from passing on an existing land tax or windfall gains tax liability to a purchaser on sale of land. Subject to the legislation passing unamended in the Legislative Council and receiving Royal Assent, the changes will take effect 1 January 2024.
Purchasers Beware – Duty is Now Payable on Late Settlement Interest
If settlement is delayed by the purchaser, through no fault of the Vendor, then interest can be payable by the Purchaser in accordance with the terms of the contract of sale of land (Late Settlement Interest). Late Settlement Interest is normally calculated at 12% per annum of the purchase price.
BIG4 Beacon Resort
Harwood Andrews is pleased to have advised the owners of the BIG4 Beacon Resort on the off-market sale of the business to Ingenia Communities group (ASX: INA) for $37m.
New COVID-19 Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2021 (Regulations) were introduced by the Victorian Government on 24 August 2021 aimed at providing further rent relief for Commercial Tenants as a result of the ongoing COVID-19 pandemic. A copy of the Regulations can be found HERE.
New Residential Tenancy laws in Victoria and Buyer Beware for Purchasing property subject to Lease
Due to the COVID-19 pandemic, residential landlords have been riding the wave of rent reduction, rent freezing, mortgage freezing as well as a hiatus on eviction notices (with a few exceptions). On top of this, the Victorian Government has set up a system of new rental rules and requirements.
Changes to the Building Amendment (Swimming Pool and Spa) Regulations 2019
The Building Amendment (Swimming Pool and Spa) Regulations 2019 (“the Regulation”) commenced on 1 December 2019 and added mandatory requirements for landowners who have a swimming pool or spa.
Victorian Farmers, will changes to retail leasing apply to you?
In some circumstances farm leases will be outside the scope of The Retail Leases Act (Act) following a determination by the Minister for Small Business, exempting farm leases from the Act, effective from 29 October 2019.
ACCC Franchising Submission
The new Franchising Code of Conduct (FCC) regime commenced on 1 January 2015 with the aim of updating franchising laws in Australia, including assisting franchisees in positions of weaker bargaining power.
Tips for dealing with social media in small business
Social media has changed the way that businesses interact with their customers. Whether the business is small or large, starting up or well established, social media provides a powerful tool to engage with customers. With advances in technology comes risk, and some businesses are understandably concerned about the way that social media could impact upon their business.
Changes to the Franchising Code of Conduct
On 1 January 2015, the current Franchising Code of Conduct (Code) will be repealed and replaced with an updated Code. The changes will affect all franchised businesses and this alert summarises that five key changes to the Code.