Retail Leasing Update  New South Wales

Retail Leasing Update
New South Wales

The Retail Leases Amendment (Review) Act 2017 (NSW) was assented to on 1 March 2017. With one exception, it continues a long tradition of nit-picking review, combined with a failure to address necessary reform. Endemic problems with the retail legislation are: a disclosure rigmarole that is so bureaucratic and cumbersome that it fails to provide meaningful disclosure and simply ties the landlord up in knots. The Amending Act has made these problems worse, not better; its spread. The Act requires landlords to treat muscled-up tenants like wood ducks. The Amending Act has not…Read more
Retail Leasing Update  Queensland

Retail Leasing Update
Queensland

The Retail Shop Leases Amendment Act 2016 (Qld) commenced on 25 November 2016. The amending act resulted from a consultative statutory review of the Act. The amendments are intended to: reduce red tape throughout the QLD retail sector; align the QLD legislation with other jurisdictions; and balance the bargaining positions of landlords and tenants. Excluded tenancies s5A(2)(a) now echoes other jurisdictions in excluding from the application of the Act premises with a floor area of more than 1,000 square metres. Previously, this exclusion only applied if the tenant of the 1,000 square metre…Read more
South Australian retail lease legislation review

South Australian retail lease legislation review

Another day, another retail legislation review. This time the crow-eaters are having a turn. The Moss Review of the Retail and Commercial Leases Act was published in April 2016. The industry is still in the twilight zone where the banana benders live, between enactment and proclamation of the Retail Shop Leases (Amendment Act) 2016. I am not sure who thought it was a good idea to have an indeterminate interregnum between “set” and “go”, but Ian Thorpe will tell you that you can fall off the blocks when the starter holds you too…Read more
The Swimming Pools Amendment Act 2012 (NSW)

The Swimming Pools Amendment Act 2012 (NSW)

On average, six children drown each year in backyard swimming pools in New South Wales, with many more suffering permanent disability from near-drowning incidents. Research shows that an inadequate pool barrier is one of the dominant factors contributing to swimming pool-related deaths. To heighten awareness on pool safety and reduce these statistics, the NSW Government finalised significant changes to the Swimming Pools Act 1992 (NSW) in late 2012. The changes introduced by the Swimming Pools Amendment Act 2012 (NSW) include: the introduction of a mandatory state-wide pool registration scheme; mandatory council inspections every…Read more
Retail legislation  The gift that keeps on giving

Retail legislation
The gift that keeps on giving

So many things have annoyed me about the retail legislation since Christmas that it is hard to know where to start. Let me give an example of how the legislation can be manipulated to achieve outcomes for which I hope it was never intended. Relocation In NSW, I have been assisting the owner of an office tower with ground floor retail. The development is a single complex, but it is possible to manage the office and retail components separately. The owner needed to refresh the retail podium. This required substantial work. There was…Read more
The Home Building Amendment Bill 2014

The Home Building Amendment Bill 2014

In June 2014 the Home Building Amendment Bill 2014 (Bill) received Royal Assent. Introducing over 50 amendments to the current Home Building Act 1989 (Act), the Bill is the product of an extensive reform process targeted towards ensuring the Act reflects current industry practice and procedure. Once the Bill is proclaimed, the following key amendments will take effect. Statutory warranties for “major defects” For the purposes of statutory warranties, distinguishing between structural and non-structural defects will become a thing of the past. The Bill replaces “structural defects” with the concept of “major defects”…Read more