In an article published by the Law Institute of Victoria today, the Victorian Small Business Commissioner, Judy O’Connell discusses IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd (in which we represented the successful tenant) and its consequences across the commercial leasing industry in Victoria. Ms O’Connell warns that the case has far reaching ramifications for not only landlords and tenants but also legal practitioners who practice in this area.
Our client’s success in this case extends application of the Retail Leases Act in Victoria (“the Act”) and lawyers should ensure they are aware of the detail of this decision when drafting new commercial lease agreements or variations of them. Further, the Commissioner warns of the potential for disputes between landlords and tenants as tenants attempt to recover charges previously collected by landlords that are, in fact, prohibited under the Act.
It is important to remember that most disputes between landlords and tenants arising under the Act will need to be held, firstly, at the Victorian Small Business Commission before proceeding to VCAT. That’s where we started!
The full article is available via this link.