Landlord v Administrator  A Bare Knuckle Brawl

Landlord v Administrator
A Bare Knuckle Brawl

Perceptive readers may have sensed my antipathy towards the retail lease legislation. In order to show that I am not just a one trick pony, this article will give the legislation a rest. Instead we will touch on one of my other interests: the interaction of lease and insolvency law when a tenant goes belly up. (I know, I know: I have to get out more). For a lawyer, there is nothing more elemental than a bare knuckle fight between an administrator and a landlord over rights to a failed tenant’s fitout. What…Read more
Retail Lease Legislation  Yesterday’s Hero

Retail Lease Legislation
Yesterday’s Hero

As shopping centre owners and retailers struggle for traction in the face of significant commercial headwinds, it is important for the industry to find ways of becoming more efficient and competitive. The patchwork quilt of Australian retail lease legislation now hangs like an anchor around the neck of the retail industry. When enacted, between 15 and 20 years ago, the legislation was designed to redress perceived imbalance in negotiating power between landlords and tenants. The legislative framework established minimum standards for lease provisions, and imposed conditions on landlord conduct, designed to protect tenants…Read more