A bit of VCAT's jurisdiction is restored

Some of the recent uncertainty regarding VCAT’s jurisdiction has resolved with the passing of the Justice Legislation Amendment Act 2023 (Vic) (JLAA) on 10 July 2023. Here’s what you need to know regarding limitations, contribution claims, and jurisdiction.

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VCAT: what is happening with jurisdiction and limitation changes?

There’s been a flurry of online commentary about the recent cases which have curtailed VCAT’s jurisdiction recently.

I was going to write a post about it, but then the LPLC provided this great article prepared by Moray & Agnew.

In case you missed it, below are the key takeaways from the article. Well worth a read if any part of your practice involves proceedings in VCAT.

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Uncollected goods: what should landlords do upon termination of a retail lease?

This question arises in almost every retail lease matter involving rental arrears, termination and possession. The regime regarding uncollected goods is governed by the principles of bailment and by the Australian Consumer Law and Fair Trading Act 2012. The ACL stipulates three value categories of uncollected goods (low, medium, high) and outlines requirements for disposal of uncollected goods in each category. 

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Landlords: What are your repair and maintenance obligations?

Commercial tenancies, particularly for large properties with long tenancies that may extend over decades, can present challenges for landlords and tenants when it comes to repairs and obligations.

What are your repair and maintenance obligations? What is fair wear and tear? What does section 52 of the Retail Leases Act provide? 

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