The Supreme Court of Victoria has ruled that a lease that is a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) when it is entered into cannot cease to be such a lease during its term.
The Victorian government has revealed its “fix” for the problems that emerged from the Victorian Court of Appeal’s decision in Advisory Services Pty Ltd v Augustin VSCA 95. That decision was the subject of an earlier blog. The consequence of the decision was that estate agents faced claims by vendors
Vendors of properties who have paid commissions to real estate agents are gearing up to recover the commissions on the ground that they were paid by mistake following the Court of Appeal’s decision in Advisory Services Pty Ltd v Augustin VSCA 95. Agents are in turn likely to take action