A club caterer can be a retail shop tenant

The Administrative Decisions Tribunal has determined that when North Bondi RSL Club engaged a caterer and entered into a one year licence agreement, the caterer had entered into a retail shop lease.

When can it be valid to exercise an option on a lease out of time? 

The Queensland Supreme Court has decided that a landlord's communication led to the tenant being deemed to have exercised the option on a lease, even though this happened out of time.

Mediation may not be mandatory before commencing retail lease proceedings

The NSW Supreme Court has determined that mediation is not necessary before commencing an action under the Retail Leases Act if the court is satisfied that mediation would not resolve the dispute.

 

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This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2019.

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