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Australian Property Law Bulletin - September 2008 (Vol 23 No 3)

Australian Property Law Bulletin - September 2008 (Vol 23 No 3)

In the September issue: Productivity Commission review of retail tenancy marketBy Prof Bill Duncan, QUEENSLAND UNIVERSITY OF TECHNOLOGYOn 21 July 2007, the Productivity Commission was asked to…

In the September issue:

Productivity Commission review of retail tenancy market

By Prof Bill Duncan, QUEENSLAND UNIVERSITY OF TECHNOLOGY

On 21 July 2007, the Productivity Commission was asked to undertake a review of the retail tenancy market, comprising about 290,000 retail leases. Its final report has now been delivered. The review was far reaching and attracted many submissions from landlords and tenants as well as professional working in the leasing sector.

>> View the Productivity Commission's full report here

Changes to the management of contaminated land in NSW: how does this affect you?

By Peter Briggs and Claire Smith, CLAYTON UTZ

Contaminated land is currently regulated by the Department of Environment and Climate Change (DECC) through the Contaminated Land Management Act 1997 (NSW) (The Act). In an effort to improve the management of contaminated land, significant amendments to the Act were introduced into Parliament in the middle of 2008. The Contaminated Law Management Amendment Bill 2008 (NSW) (the Bill) will have an impact on anyone who has owned or occupied or had impacts on land which could potentially be contaminated. This article discusses the key changes proposed by the Bill, including the Environment Protection Authority's (EPA) increased range of statutory tools to require further investigation or remediation and more extensive reporting requirements than previously.

Victoria's Retail Leases Act 2003 - a new Ministerial determination

By Max Cameron and Aurora Kostezky, MINTER ELLSION

A new determination by the Victorian Minister for Small Business, dated 22 July 2008, which excludes a new class of premises from the application of the Retail Leases Act 2003 (Vic), will provide local councils with far greater flexibility when dealing with community and not-for profit organisations.

New regulatory regime for Queensland community titles schemes

By Ros Janes, TEYS LEGAL

The Statutory Instruments Act 1992 (Qld) provides for the expiry of the regulation models currently operating under the Body Corporate and Community Management Act 1997 (Qld), which provides for the establishment, operation and management of community titles schemes, regulated by on of four regulation models. This legislation expired on 1 September 2008, after the tenth anniversary of its making. The new regulation modules commenced on 30 August 2008. The ways in which regulation modules have changed are the subject of this article.

Relief against forfeiture of options to renew and relationship breakdown

By Prof Bill Duncan, QUEENSLAND UNIVERSITY OF TECHNOLOGY

Although every commercial lease states explicitly the date each instalment of rent is to be paid, some lessees never get it right and yet others never make a payment on time for the life of the lease. Over the years, the courts have demonstrated little sympathy for lessors in this respect. On the side of the defaulting lessee is the fact that, almost invariably, time is not of the essence of rental or outgoing payments. Put simply, there usually has to be other misconduct beyond mere tardiness in paying rent or outgoings, no matter how egregious, before a lessee will lose their lease. This article looks at some notable recent cases, in particular, R & J Lyons Family Settlement Pty Ltd v 155 Macquarie Street Pty Ltd [2008] NSWSC 310; BC200802618.

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