Property & Leasing

High Court Refuses Special Leave. The “Ultimate Consumer Test” Is Here To Stay In Determining Whether Premises Are “Retail”

Last Friday, the High Court of Australia refused special leave to appeal the decision of the Victorian Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178.

Staff Success

MST Lawyers are pleased to congratulate our newest lawyer admitted to practice, Elizabeth Moore, and Joy Allen for being awarded Legal Executive of the Year by the Institute of Legal Executives (Victoria).

The “Ultimate Consumer” Test: Another Application

We have witnessed activity in the Court system around cases where wholly or predominantly supplied services are considered retail, regardless of whether or not these services are supplied to the public or business-to-business.

Fundamentally, the judgements determine whether or not leases of this nature are governed by the Retail Leases Act 2003.

Real Estate Agents – Are You Breaking The Law?

It has long been a debated topic whether or not estate agents are legally permitted to draft special conditions for a Contract of Sale. This is a matter that should not be taken lightly, particularly given that the maximum penalty for contravening the law is two years imprisonment.