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Australia Commercial Leases

K&L Gates LLP

Global Office Asset Trends: A Look at 2023 and Beyond

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Post-pandemic, with some level of remote work here to stay, the global real estate industry is tracking an unprecedented reassessment of the office asset class. To paraphrase Mark Twain, have the rumors of the “death of the...more

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Unfair Contract Terms – Will your business be caught by changes to the regime?

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Many Australian businesses have determined the upcoming changes to the unfair contracts regime to be a low risk on the basis that they do not deal directly with consumers or that the businesses they deal with are not...more

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COVID-19: (Australia) NSW Government updated Retail and Other Commercial Leases – September Update

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*This information is accurate as of 12:00pm Monday 27 September 2021 and is subject to change as this situation evolves. On 25 August 2021, we issued an update regarding recent changes. The alert below provides an updated...more

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COVID-19: (Australia) NSW Government updated Retail and Other Commercial Leases

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*This information is accurate as of 12:00pm Tuesday 24 August 2020 and is subject to change as this situation evolves. The NSW Government has recently updated the Retail and Other Commercial Leases (COVID-19) Regulation...more

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Strata Title Reform - Are You Required to Consolidate Your By-Laws?

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WHAT HAS HAPPENED? There has been significant reform to the Strata Titles Act 1985 (WA) (Act) through the Strata Titles Amendment Bill 2018. The changes took effect on 1 May 2020. ...more

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COVID-19: Retail and Commercial Leasing Matrix (Updated)

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The COVID-19 Retail and Commercial Leasing Matrix (Matrix) provides landlords and tenants with an overview of the COVID-19 response measures which have been enacted in each Australian State and Territory following the release...more

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COVID-19: (Australia) Amendments to NSW Regulations for Commercial Leases

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*This information is accurate as of 5.00pm on Friday 10 July and is subject to change as this situation evolves. In a previous alert, we addressed the National Code of Conduct. On 24 April 2020, the Retail and Other...more

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COVID-19: Retail and Commercial Leasing Matrix

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The COVID-19 Retail and Commercial Leasing Matrix (Matrix) provides landlords and tenants with an overview of the COVID-19 response measures which have been enacted in each Australian State and Territory following the release...more

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COVID-19 (Australia): Western Australia Regulations for Commercial Leases

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*This information is accurate as of 5.00 pm on 19 June 2020 and is subject to change as this situation evolves. The Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (Act) came into effect on 23 April 2020....more

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COVID-19: (Australia) Queensland Regulations for Commercial Leases

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*This information is accurate as of 5.00 pm on Tuesday 2 June 2020 and is subject to change as this situation evolves. Following the release of the National Cabinet's Mandatory Code of Conduct: SME Commercial Leasing...more

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COVID-19: (Australia) Update to South Australian Act and Regulations for Commercial Leases

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*This information is accurate as of 1.00pm on Friday 21 May 2020 and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of...more

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COVID-19: (Australia) Victorian Regulations for Commercial Leases and Licences

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*This information is accurate as of 5.00 pm on Monday, 4 May 2020 and is subject to change as this situation evolves. Following the release of the National Cabinet's Mandatory Code of Conduct: SME Commercial Leasing...more

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COVID-19: (Australia) New WA COVID-19 Laws Sets Wider Net for Impacted Landlords/Tenants

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*This information is accurate as of 11.00 am 28 April 2020 and is subject to change as this situation evolves. WA's Parliament has fast-tracked into law the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (CTCR),...more

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COVID-19: (Australia) NSW Regulation for Commercial Leases

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This information is accurate as of 11.00am on 28 April 2020 and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of good...more

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COVID-19: (Australia) National Code of Conduct – Commercial Tenancies

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*This information is accurate as of 11.00 am Tuesday 14 April 2020 and is subject to change as this situation evolves. On 7 April 2020, a National Code of Conduct (the Code) applicable to certain commercial tenancies that...more

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COVID-19: (Australia) Top 10 Principles - National Code Set to Mandate Principles for Commercial Rent Relief

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*This information is accurate as of 9.00am Thursday 9 April 2020 and is subject to change as this situation evolves. The Prime Minister announced on 7 April 2020 details of the foreshadowed National Cabinet Mandatory Code of...more

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COVID-19: (Australia) How Poor PPSA Hygiene can Risk Landlord Exposure in Corporate Tenant Insolvencies

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The 'Emperor Landlord's new clothes': How poor PPSA registration hygiene can risk even further landlord exposure in corporate tenant insolvencies - *This information is accurate as of 10.00 Monday 30 March 2020 and is...more

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Impending Changes to Contractual Termination Rights (Ipso Facto Reforms) and its Impact on Leases and Other Property Transactions

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In this newsletter, we will explore how the new impending ipso facto reforms, which come into effect on 1 July 2018, could affect landlords under commercial leases or parties under other contractual arrangements....more

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It's Settled: "Business to Business" Services may Attract the Operation of the RLA

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On 15 December 2017, the High Court of Australia refused special leave to appeal the decision of the Victoria Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (CB Cold Storage). ...more

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A Game-Changer for Industrial and Commercial Leasing? 'Business-to-Business' Services and the 'Ultimate Consumer' Test

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A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria. The Court of Appeal's decision in IMCC Group (Australia) Pty Ltd v CB Cold...more

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Australia Adds Indemnities and Limitations of Liability

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Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more

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Franchising Update

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Franchising has undergone several significant changes in the last quarter. Firstly, the introduction of the Unfair Terms Legislation will no doubt impact the documentation used by franchisors. Secondly, franchisors operating...more

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Retail Shop Leases Amendment Act 2016 (Qld) Commencement Date Set

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As outlined in our Real Estate Alert in May, the Retail Shop Leases Amendment Act 2016 (Qld) (Amendment Act) was passed by the Queensland Parliament earlier this year, to commence on a date to be set by the Parliament. A...more

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Retail Shop Leases Amendment Bill 2015: The Highlights

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The Retail Shop Leases Amendment Bill 2015 (Qld) (Bill) was passed by the Queensland Parliament on 10 May 2016. The Bill gives effect to outcomes from the statutory review of the Retail Shop Leases Act 1994 (Act). Key...more

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Franchising Update

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While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

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