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ARTICLE · 03 MARCH 2025

What qualifies as a retail lease under the Retail Leases Act (Vic)?

Holding Redlich
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All leases should be carefully analysed to determine the possible application of the Act.

AustraliaReal Estate and Construction
Chris Brodrick
Chris Brodrick
Alana Giles
Alana Giles
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A recent dispute involving an equestrian centre operating a business on leased land highlights the importance of assessing the primary use of the premises and the nature of the services provided when determining whether a lease is considered a lease of retail premises under section 4 of the Retail Leases Act 2003 (Vic) (Act).

Case background: Horgan v Equi Ventures Pty Ltd

In Horgan v Equi Ventures Pty Ltd, the County Court of Victoria (County Court) examined whether an equestrian centre's operation on a leased premises qualified as a retail premises under the Act.

The centre (the lessee) used the premises to operate a business that included horse-riding lessons and training, polo lessons and instructional polo at offsite facilities and for polo competitions, horse-care services and facilities and some agistment. Each of these services was provided for a fee to members of the public and the services were provided on and off the leased premises.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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