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Stuart Monotti

When can a landlord of retail premises withhold consent to an assignment of lease?

When can a landlord of retail premises withhold consent to an assignment of lease?

In a recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd (2018) VCAT 931 it was held that the landlord of a lease governed by the Retail Leases Act (Act) was not entitled to withhold consent to an assignment of a lease of a hotel business on the basis that the incoming tenant (assignee) did not have sufficient financial resources or business experience to meet the lease obligations.

New Requirements for Land Sales and Developers

New Requirements for Land Sales and Developers

The new financial year will bring in a number of changes to the property industry.  Developers need to plan for these changes to ensure compliance and avoid any delays or other adverse implications once the amendments take effect.

Is your Rates Notice for 2016/17 fair and reasonable?

Is your Rates Notice for 2016/17 fair and reasonable?

From 1 January 2016 the process of revaluing all Victorian properties commenced. The new values will form the basis upon which you are charged municipal rates and land tax. If you have received a rates notice and disagree with the value assigned to your property you have the right to lodge an objection with council within 2 months of the date stated on the rates notice. 

NEW IDENTITY REQUIREMENTS FOR TITLES OFFICE DOCUMENTS

NEW IDENTITY REQUIREMENTS FOR TITLES OFFICE DOCUMENTS

From the 9 November 2015 Victoria joins Western Australia and South Australia in requiring the identity of signatories to all documents lodged at the Titles Office, and for those who are given custody of a certificate of title, to be verified.

VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance

VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance

On 1 May 2015, the President of the Victorian Civil Administrative Tribunal (VCAT) issued an advisory opinion in response to the Victorian Small Business Commissioner’s request as to whether a landlord of commercial premises can pass on the costs of Essential Safety Measures (ESM) and certain repair and maintenance obligations for retail premises to tenants.  The term ESM covers measures prescribed by building law for safety and fire protection.

Owners Corporation rule too 'vague' according to Tribunal

Owners Corporation rule too 'vague' according to Tribunal

The Victorian Civil and Administrative Tribunal (VCAT) has found that Owners Corporation special rules purporting to prohibit ‘illegal’ behavior, a relatively common formulation of rule, are unlawful under the legislative regime created by the Owners Corporations Act 2006.

CGT consequences of demolishing your home and selling vacant land

CGT consequences of demolishing your home and selling vacant land

Redeveloping your home by subdividing off a building block or demolishing and rebuilding two or more dwellings is a growing trend. Some recent matters we have been involved in show that the potential tax consequences are often overlooked.

When you sell land that you became the owner of on or after 20 September 1985, you must include any capital gain made on the sale as part of your income.