Cross check lease documents to avoid a claim

19 December, 2014

A recent decision of the Victorian Supreme Court of Appeal considers the rights of a tenant against those of a mortgagee who has entered into possession of the leasehold land. In this case the agreement for lease provided: ‘Notwithstanding any provisions of the Lease to the contrary, the Tenant shall be entitled to set‑off and […]

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More land tax woes

12 December, 2014

LPLC’s Land can be taxing article in the March 2014 edition of the Law Institute Journal refers to a number of land tax issues and this blog contains details of a more recent land tax claim. A practitioner based in Melbourne was acting for a national company in the purchase of numerous commercial properties from […]

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Outgoing clauses require care

5 December, 2014

A recent decision of the Victorian Supreme Court highlights the importance of being careful when amending outgoings clauses in leases to avoid any ambiguity. The lease in this case was a printed standard ‘farm lease’ dated 1 November 1988 produced by Harston & Partridge. It contained extensive striking out and some handwritten and typed alterations.  Clause 4 […]

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Changes to franchising code to take effect on 1 January 2015

28 November, 2014

Practitioners who advise on franchise matters, whether for franchisors or franchisees, should be aware significant changes to the Franchising Code of Conduct are set to take effect on 1 January 2015. The replacement code is contained in the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 which was made on 30 October 2014. The reforms have […]

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Client consent is not a cure for conflict ills

7 November, 2014

Some practitioners mistakenly assume, when acting for multiple parties in a matter, any conflict of interest concerns will be overcome by the clients’ consent to act. The requirements to obtain consent under rules 8.3 and 8.5 of the Professional Conduct and Practice Rules 2005 (the rules) do not trump a practitioner’s obligations to avoid conflicts […]

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