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In the recent case of Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd [2009] VSC 156, the Supreme Court of Victoria considered the Victorian security of payment legislation (the Building and Construction Industry Security of Payment Act 2002.

The answer is entirely dependent on who is asking, the landlord or the tenant; and on their individual circumstances.

The Court ordered the appeal be struck out as there were no pressing reasons to warrant the alternate course of action.

This amendment to the Conveyancing Act by the NSW Government has shifted the balance in relation to strata developments.

The rights of strata development lot owners do not appear to be as protected as those of owners of detached dwellings.

Strata renewal is, and will continue to remain, an issue for all Australian governments as the housing crisis worsens.

Retail lessees must ensure that any matters on which they rely in entering into a lease are effectively addressed in the lease.

The case highlights the importance attributed to procedural fairness when decisions are made by government departments.

Discusses versatile co-working spaces, space flexibility & greater adaptability in fitout design & delivery.

The government has proposed a possible rewrite of commercial lease terms in an attempt to manage the impacts of COVID-19.

This is the second instalment of our series examining standard lease terminology, defining the term 'fair wear and tear'.

There is a lot of case law discussing whether a HOA or letter of offer represents a lease, or binding agreement to lease.

The Alert highlights proposed changes to disclosure obligations relating to lots in community titles scheme developments.

The landlord was unable to prove a deficiency in the rental valuation and thus was bound by the valuer's determination.

This Queensland Supreme Court case sends a message to landlords that incentive clawbacks are unlikely to be enforced.

This decision should alert sellers and landlords to attend to registration of any leases for terms longer than 5 years.

It would have been a simple matter to include a clause to refer the matter to an expert in the absence of agreement.