Keywords:
Contractualisation of leases - repudiation, breach of essential or fundamental term and fundamental breach, surrender, guarantors, mitigation, damages, frustration Remedies - impediment/failure to exercise options to renew, construction of conditions precedent to options, estoppel from reliance upon breach, relief against forfeiture, applications of estoppel to leases, Trade Practices Act remedies, restrictive trade practices, consumer protection remedies Retail tenancies - retail premises, definition, floor area, renewal, assignments, outgoings, implied rights, premiums and key money, conciliation and arbitration, relief against forfeiture, misrepresentation, rectification, jurisidictional issues Rent reviews and rent review clauses - indexation, percentage increase, fixed increase, turnover, market, discretionary, residential tenancies, sub-leases, rectification, payments made under mistake of law, stamp duty, assignments, guarantees, gross rent clauses, proof of rentals, Retail Tenancies Act 1986, drafting rent review clauses, administration of rent review clauses, resolution of rent review disputes Update on caveatable interests Protection of leases in Victoria - Transfer of Land Act s 42(2)(e), registration, caveats, old law land, assignments, sub-leases, mortgages of leases, leases from a terms purchaser, options to renew, options to purchase, rights of first refusal, estoppels, variations of leases, retail tenancies, residential tenancies Mortagees' consents to leases - need for mortgagee's consent, leases prior to mortgage, how consent is given (written, implied, onus of proof), effect of consent, right to withhold, conditional consent, implied consent (estoppel, waiver), consent to assignment Mortgages and the Consumer Credit Code - regulated mortgages, drafting a Code-compliant mortgage, procedural requirements, mortgagor's rights Mortgagees' power of sale in Victoria - default and notices, sale of mortgaged proeprty, duty to act in good faith, application