FEATURED ITEMS

Landlords Update

As of 1 January 2011 landlords of retail premises need to be aware that a new form of retail lease disclosure statement has been prescribed.

The Retail Leases Act 2003 (Vic) requires the disclosure statement (in its prescribed form) to be completed by the landlord and provided to the tenant at least seven days before the signing of a new lease. Where a tenant exercises the option for a further term, a new disclosure statement must be provided to the tenant at least twenty-one days before the expiration of the current term.

The disclosure statement outlines important information about the lease, including:
• the initial term of the lease;
• whether there are options for further terms; and
• the occupancy costs for leasing the premises (including rent and any outgoings).

Important additions to the new form of disclosure statement include:
• a snap shot of key information;
• detailed information regarding existing structures, fixtures, plant and equipment provided by the landlord;
• the number of car parking spaces available to the tenant;
• information regarding the options (if any) for further terms and the period/s in which a tenant may exercise those options;
• information regarding the trading hours permitted to the tenant; and
• other specific information for retail shopping centre leases.

A landlord needs to be aware that failure to comply with the disclosure statement requirements results in the tenant having remedies including termination of a lease (if information in the statement is misleading, false or materially incomplete) and the non payment of rent.

The commercial lawyers at Whyte, Just and Moore are able to assist existing and new clients with the preparation of retail leases and disclosure statements together with all other areas of commercial, farm and retail leasing including compliance with the Retail Leases Act 2003. Simply click here to contact the team.

- Aaron Jolly

Intervention Orders

The aim of an Intervention Order is to protect a person from family violence or stalking by a member of the person’s family, household or someone they know.

Family violence includes physical violence, threats, abuse and emotional and psychological intimidation. Intervention Orders are intended to protect people from family violence. However, an application for an Intervention Order can be made against someone for stalking, whether they are a member of your family or not. Stalking occurs when a person repeatedly inflicts unwanted contact and/or communication that causes the victim to feel distressed. The communications can be via telephone, letter, notes, emails, gifts or other unwanted material. Unwanted contact usually involves following, loitering outside the victim’s home, workplace or other places the victim frequents. Other behaviours may be associated with stalking such as interfering with or damaging the victim’s property, spreading malicious gossip, contacting family or friends and threats to harm loved ones.

At the Hearing the Magistrate must be satisfied that the violent and/or stalking behaviour has happened in the past and is likely to happen again. An Intervention Order states that the person is prohibited from committing certain behaviours towards the victim, having contact with the victim, staying away from your home or work and having contact with the victim’s property. A person subject to an Intervention Order is automatically prohibited under the Fire Arms Act from having or obtaining a gun or gun licence during the term of the Intervention Order and for five years after the Intervention Order expires.

Our team of family law lawyers are able to assist you with all matters relating to Intervention Orders.  Simply click here to contact the team.

- Sheree Molloy

A New Era in Civil Litigation

The Civil Procedure Act 2010 (Vic) ("the Act") came into effect on 1 January 2011. The Act is the first major reform arising out of the 2001 Victorian Law Reform Commission's review of the civil justice system in Victoria.

The Act is designed to ensure that our civil justice system provides the best possible environment for our law to operate. To do this, the Act is directed at not only legal practitioners and they way they conduct litigation on behalf of their clients, but is also directed at the client personally.

The Act places obligations on you and allows the Courts to supervise, and where necessary, enforce them. The Court is directed to improve the public's access to the civil justice system by preventing litigation for 'litigation's sake' and by requiring you to determine the real issues in dispute.

Your main obligation in a civil proceeding is to resolve the dispute in the most efficient and cost-effective way. Your specific obligations include to act honestly, to have a genuine basis for your claim or defence, to resolve or narrow the dispute, to cooperate, not to mislead or deceive, to ensure costs are reasonable, to minimise delay and to make known critical documents.

The Act requires you to certify to the Court that you have read and understood your obligations. Failure to perform your obligations can result in significant penalties.

If you intend to commence or defend civil proceedings in the Victorian Courts, you should consider these obligations and speak to one of our team of litigation lawyers about your on-going obligations to the Court. Simply click here to contact the team.

- Aaron Jolly

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