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The Property Law Blog title: The Property Law Blog | Robert Hay KC Property and Commercial Law Barrister
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My last post considered Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597 (Verraty) with particular reference to this question:
...This post is a revised version of a post published on 7 November 2025. Please ignore the earlier post.
If a lease is a “retail premises lease” governed by the Retail Leases Act 2003 (Vic) but upon renewal the le...
If a lease is a “retail premises lease” governed by the Retail Leases Act 2003 (Vic) but upon renewal the lease is not a “retail premises lease”, is the renewed lease affected by the lease having been a “retail premises lease” before the renewal?
Whether or not a lease is a “retail premises lease” is determined at the date the lease is entered int...
A default notice given under a lease does not necessarily require the tenant to rectify the defaults alleged within the time specified in the notice
The Victorian provision concerning default notices is s.146(1) of the Property Law Act 1958. Section 146(1) provides in part:
A right of re-entry or forfeiture under any proviso or stipulat...
Parties to long term leases sometimes attempt to avoid the application of the Retail Leases Act 2003 by purporting to invoke the Ministerial Determination of 24 August 2004 made under s.5(1) of the Act.
The Act applies to a “retail premises lease” (s.11(1)) which is not a defined expression. However, the expression “retail premises” are defined in s.4(1).</...
