Leasing and Property Newsletter – April 2020
Published on March 31, 2020 by Gillian Kirwan, Grace Brophy, Matthew Rafferty and Paul Carroll
In this edition our team report on the following topics:
- Retail Leases and Land Tax;
- Reading the Fine Print – When the First Home Owner Grant and First Home Buyers Duty Exemption does not apply; and
- Retail Leases and COVID19.
Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597
Victorian Retail Leases and Land Tax.
In our last newsletter, we described a case between the Richmond Football Club and its landlord, before the Victorian Civil and Administrative Tribunal which decided that a lease could start out being for retail premises and subject to the Retail Lease Act, and later those premises could cease to be retail premises, and the RLA would then cease to apply.
In the case, the issue was whether the tenant would have to pay the landlord’s Land Tax, and whether a ratchet could apply to the market rent review.
That case has been appealed by Richmond, and the original decision has been reversed.
Hashim v Chief Commissioner of State Revenue [2020] NSWCATAD 67 (26 February 2020)
Reading the Fine Print – When the First Home Owner Grant and First Home Buyers Duty Exemption does not apply:
The issue in this case was whether a First Home Owner Grant and First Home Buyers Duty Exemption could apply to a non-permanent resident of Australia.
This case concerned multiple attempts made by the applicant to obtain the First Home Owner Grant under the provisions of the First Home Owner Grant (New Homes) Act 2000 and a First Home Buyers Duty Exemption under the Duties Act 1997.
Read more
Grace Brophy, Lawyer
Paul Carroll, Partner
Should we, could we, are we trading and paying rent in our retail shopping centres?
Retail Leases and COVID19
We present a brief summary of where things are at the moment in relation to COVID19 and retail leases. This is changing every day, so please contact us for advice as required.
Read more
Deanne Methven, Special Council
Matthew Rafferty, Partner
