When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636
A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects is contained in a formal settlement deed, the Court will rarely compel specific performance [...]
Agents: Don’t pay for the privilege of working for free
A recent County Court decision (Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover marketing fees. In Cellmore, the Exclusive Sale Authority listed advertising costs as [...]
Challenging market rent determinations under the Retail Leases Act: key lessons for landlords and tenants
Retail leases commonly include provisions for the rent to be reset to market value at the commencement of a further term, usually following the exercise of an option by the tenant. In these cases, an independent specialist retail valuer is appointed to determine the current [...]
Retaining a tenant’s goods after lease termination? Think twice
Pointon Partners’ regularly advises commercial landlords and property managers on their rights and obligations when a lease is terminated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), Cristiano v Prime Kwality Foods Pty Ltd [2025] VCAT 580, is a timely reminder of the [...]
Vacant Residential Land Tax Exemptions and Significant Amendments to Holiday Home Exemption – Do not Buy your New Holiday House in a Family Trust
On the 3rd December 2024, the State Taxation Further Amendment Act 2024 (‘Amending Act’) introduced significant changes to several taxes, foremost of which include the exemptions in the vacant residential land tax (‘VRLT’) (which take effect 1 January 2025) with the addition of companies and [...]
Temporary Changes to Off-the-Plan Duty Concessions
On 19 November 2024, the Duties Amendment (More Homes) Act 2024 (Vic) (' the Act') received Royal Assent. The Act introduces temporary changes to the off-the-plan land transfer duty concession, providing more buyers with the opportunity to access greater stamp duty savings. The Expanded Concession The [...]
The Often Overlooked Equity of Exoneration: How It Could Save Your Family Home
With insolvencies surging by 43% in the quarter ending 29 September 2024, many small and medium businesses — and their owners — are feeling the financial strain. For directors and their families, the impact can be especially severe if personal guarantees are enforced and the [...]
Repainting and Recarpeting Clauses in Retail Leases: What Every Landlord and Tenant Needs to Know
Disputes commonly arise between landlords and tenants in relation to obligations imposed on the tenant to repaint and recarpet the premises. A recent decision from the Victorian Civil and Administrative Tribunal (VCAT) sheds light on this issue, clarifying the relationship between lease obligations and [...]
Vacant Residential Land Tax Expansion and Key Changes for Property Owners in Victoria Starting January 2025
Owners of vacant properties outside of inner/middle Melbourne ought to know of an expansion to the Vacant Residential Land Tax (“VRLT”) starting from 1 January 2025. Starting next year, properties which are left unoccupied for more than 6 months for the preceding year in which [...]
Commercial and Industrial Property Tax Update
Earlier in March 2024, the Victorian Government introduced the Commercial and Industrial Property Tax Reform Bill 2024 (‘Bill’). The Bill reformed the Victoria’s land transfer duty regime in respect of commercial and industrial properties, with stamp duty largely replaced by the new Commercial and Industrial [...]