Conveyancing / Tenancy / Land

Commercial Tenancy Law in Australia, 5th Edition

Edited by Adrian J. Bradbrook · Clyde E. Croft
LexisNexis Australia November 2023

Specifications

ISBN-13
9780409353853
Publisher
LexisNexis Australia
Publication
November 2023
Format
Paperback , 1000 pages
Jurisdiction
Australia ? Countri(es) for reference only

Details

Commercial leases are still primarily governed by the common law, even where leases are subject to retail or shop lease legislation, as the various states’ legislation tends to supplement and rely upon the common law. Consequently, the majority of this book consists of an analysis of common law principles whilst also examining the legislation, in particular, the developments of the Australian Consumer Law, Personal Property Securities Act and corresponding state fair trading legislation as well as retail or shop lease legislation on a state by state basis.

The fifth edition has been updated to take into consideration developments such as new case law and legislative change including amendments to the States’ retail leasing legislation.

Features

• Authoritative
• Coverage of all Australian jurisdictions
• Up to date case law analysis

Table of Contents

Chapter 1 – Relationship of Landlord and Tenant
Chapter 2 – Kinds of Tenancy
Chapter 3 – Licences
Chapter 4 – Agreements for a Lease
Chapter 5 – Capacity to Make and Take Leases
Chapter 6 – Leases as Contracts
Chapter 7 –Covenants
Chapter 8 – Implied Covenants
Chapter 9 –Usual Covenants
Chapter 10 – Repairs
Chapter 11 – Rent
Chapter 12 – Trade Practices and Other Commonwealth Legislation
Chapter 13- Breach of Contract
Chapter 14 – Renewal of Leases
Chapter 15 – Assignment and Subletting 
Chapter 16 – Determination of Tenancies
Chapter 17 – Forfeiture
Chapter 18 – Condition of Forfeiture
Chapter 19- Relief from Forfeiture
Chapter 20 – Notice to Quit
Chapter 21 – Re-entry by way of Self-help
Chapter 22 – The Old Action of Ejection 
Chapter 23 – Retail Tenancies Legislation: Victoria
Chapter 24 – Retail Tenancies Legislation: New South Wales
Chapter 25 – Retail Tenancies Legislation: Queensland
Chapter 26 – Retail Tenancies Legislation: Western Australia
Chapter 27 – Retail Tenancies Legislation: South Australia
Chapter 28 – Retail Tenancies Legislation: Australian Capital Territory

About the Author

The Hon. Justice Clyde Croft was appointed as a judge of the Supreme Court of Victoria in 2009. Prior to his appointment, Justice Croft was long recognised as an authority on property law and is known to have amassed an extensive and impressive property law library. Most recently His Honour served as a member of the Expert Consultative Committee for the recent review of property law by the Victorian Law Reform Commission.

Robert Hay is a property and commercial law barrister practising in Melbourne. He is a member of the Law Institute of Victoria’s Leasing Committee and has published extensively in the area of property law.

Luke Virgona is a barrister practising in a wide range of commercial litigation, with a particular focus on property law. Before joining the Bar, Luke was the Senior Associate to the Honourable Justice Croft of the Supreme Court of Victoria.

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