This session examines developments in the law relating to retail leasing in Victoria, including a recent decision that has extended the ambit of the Retail Leases Act. It includes:

• Coverage of the Retail Leases Act (2003) – has its ambit expanded?
• Victorian Small Business Commissioner guidelines on what are ‘retail premises’
• Responsibility for outgoings – The tenant landlord divide is not always clear cut
• What outgoings are recoverable by landlord from the tenant? – has this been restricted?
• Recovery from tenant cost of essential service measures – is this possible?
• When can a landlord sue a retail tenant’s guarantor at VCAT?
• Assignment of retail leases – consents and other obstacles
• Public risk insurance for retail premises – noting landlord and tenant interest
• Case report – Rental determinations under the Retail Leases Act: Serene Hotels Pty Ltd v Epping Hotels P/L
• Case report - C B Cold Storage P/L v IMCC Group P/L [2017] VSC 23