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Resources

Lease Checklists

Derry Davine, a valued member of the Law Institute of Victoria’s Leases Committee, has drafted checklists for use by practitioners in lease of real estate transactions:

Changes to LIV Commercial Lease of Real Estate

Changes to the LIV Commercial Lease of Real Estate over the years are detailed below.  

LIV Commercial Lease of Real Estate – Additional PPSA Provision

The LIV has prepared an additional provision for the LIV Commercial Lease of Real Estate available here which specifies the parties’ rights and obligations if the Personal Property Securities Act 2009 (Cth) applies. The additional provision should be included under item 22 of the Schedule to the LIV Lease and numbered appropriately.

Office of the Victorian Small Business Commissioner

The Office of the Victorian Small Business Commissioner (SBC) website contains a range of useful information and publications of interest to practitioners dealing with the Retail Leases Act 2003 (Vic).

The SBC produces a set of guidelines entitled “What are ‘retail premises’” and is intended to assist with understanding of what constitutes “retail premises” under section 4 of the Act. This is the first set of guidelines published by the SBC pursuant to its functions under section 84(1)(f) of the Act to prepare and publish guidelines about retail leases.

The SBC has issued an information statement ‘Impact of including land tax in gross rents’, which specifies the SBC’s interpretation of the consequences of including land tax in gross rents and should be read by all leasing practitioners to understand how the SBC approaches this issue. The publication is an information statement entitled “Impact of including land tax in gross rents”.

The SBC website contains extensive information about essential safety measures and the ability on landlords to pass on these costs and certain repair and maintenance obligations to commercial tenants.

Property Law Disputes Resolution Committee

Members can access experienced senior solicitors for speedy resolution of property related disputes.
The Committee deals with disputes involving:

  • Conveyancing
  • Leasing
  • Licensing
  • Probate
  • Town planning
  • Local government
  • Subdivision
  • Body Corporate
  • General contract

A simple set of Guidelines and a Checklist have been developed to assist Members who wish to utilise the services of the Committee. View the Guidelines (pdf) or the Checklist (pdf).