2019 has started with a couple of very significant cases in the retail leasing division of NCAT (NSW Civil and Administrative Tribunal) – both of which have gone the landlord’s way and delivered some unfortunate news for tenants in New South Wales.

The March 2019 edition of our Body Corporate Newsletter provides a short refresher on the question of what duties are owed by a body corporate to lot owners when there are defects on common property, particularly defects that may cause issues with a lot owner’s property.

The January 2019 edition of our Body Corporate Newsletter highlights the rights and obligations of the Body Corporate and lot owners in maintaining common property and rights in relation to access for investigation and repair. 

The November 2018 edition of our Body Corporate Newsletter showcases a recent case of alleged defamation that took place in a body corporate meeting and the resultant claim for damages.

Holman Webb Lawyers recently obtained an important decision in the Federal Court which has implications for the body corporate industry with respect to the recovery of unpaid levies.

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) amended the Corporations Act 2001 (Cth) from 1 July 2018 to impose a prohibition on the enforcement of rights against a company including contractual termination rights arising on the occurrence of an insolvency event in relation to that company.

A little proof-reading goes a long way

Every lease lawyer’s nightmare came true in this case. A long term lease is negotiated and many years later someone discovers an apparent error in the way the outgoings clause is drafted and therefore how the outgoings have been calculated and recovered for all those years. To make it worse, the lease is for the key department store tenant (Myer) in Australia’s premier shopping centre (Chadstone) - the stakes were high with about $20 million having been apparently undercharged.

Background

The Australian Competition and Consumer Commission (ACCC) has recently announced that it will launch an investigation of the “more serious matters being raised” in the Aveo retirement village scandal.

If you are buying a retail franchise business, the lease is a critical element. Here are 10 questions to ask about your lease... 

Greg Malakou, CEO, speaks to Lawyers Weekly regarding our recent merger with Sydney property and construction law firm, Bruce and Stewart.