Earlier this year, we reported on the New South Wales Government’s COVID-19 relief regulations for retail and other commercial tenants. Those regulations expired on 24 October 2020 but have been replaced by new but essentially identical regulations, extending the protections for retail and commercial tenants. The Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 came into effect on 24 October 2020 and extends the “prescribed period” for the protections to 31 December 2020. Like the expired regulations, the new regulations adopt the National Cabinet’s Mandatory Code of Conduct – SME Commercial Leasing Principles, created on 7 April 2020, which establishes guidelines for commercial landlords and tenants to negotiate for appropriate rent relief for “impacted lessees”, being essentially commercial tenants whose businesses qualify for the Federal Government’s JobKeeper payments. Like the expired regulations, the new regulations define certain “prescribed actions” by commercial landlords, which are prohibited during the prescribed period in relation to impacted lessees. The regulations also make available mediation with the NSW Small Business Commissioner for landlords and tenants who have difficulty in reaching agreement on the…
If a tenant breaches a lease for non-payment of rent, there is a fundamental breach which gives a landlord the right to terminate the lease and take possession of the premises. However, a tenant has the right to apply to the court for an order restraining the landlord from doing so, otherwise known as relief against forfeiture. In the early stages of the COVID-19 pandemic, courts had yet to redefine the criteria used to award a tenant protection from the re-entry by their landlord. The High Court has previously applied a flexible approach to the instances where relief against forfeiture has been granted. However, how such principles that grant relief against forfeiture operate alongside constantly changing COVID-19 rules and regulations has been unclear. Would the courts extend the tenant’s rights and apply the right to relief more liberally? Sneakerboy Retail Pty Ltd v Georges Properties Pty Ltd  NSWSC 996, decided by Justice Robb on 31 July 2020, goes someway to providing a list of considerations that clarify this issue in the current global health crisis. Background On…
The NSW Minister for Planning and Public Spaces, Rob Stokes, has recently issued a number of Ministerial Orders in response to COVID-19 which effects the way planning and development will occur in NSW for the foreseeable future.
As we foreshadowed last Friday, PM Scott Morrison has this afternoon announced the detail around the Commercial Tenancy Coronavirus Crisis Code of Practice following agreement of terms by the National Cabinet.
The Government is making a number of changes to temporary visa holder arrangements during the coronavirus crisis in order to protect the health and livelihoods of Australians, support critical industries, and assist with the rapid recovery post the virus.
Prime Minister Scott Morrison this afternoon has urged commercial landlords and tenants to come to an agreement in relation to financial hardship as the Government reserves announcement regarding a mandatory Coronavirus Industry Code of Practice to be announced and imposed next week.
The NSW Government announced today, 2 April 2020, that it has eased hours of work restrictions on construction sites, dark kitchens & food trucks.
n the wake of the current situation, many people and their families have found themselves on the less prepared side of this pandemic, and whilst most are desperately reaching for the supermarket shelves, there far more pressing needs that should be addressed.
Key information for businesses in Australia.
Madison Marcus' experts are closely monitoring developments during the COVID-19 Crisis and how they will impact our clients. We have summarised the key legislative developments that have occurred this week, 23-27 March 2020.