COVID-19: Victoria releases new regulations for commercial tenancies

Corrs Chambers Westgarth

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Analysis of the Vic Act and Vic Regulations and differences that distinguish Victoria's approach from the Commonwealth.

Australia Real Estate and Construction

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11 May 2020

In April 2020 the Commonwealth Government introduced a new Code of Conduct for commercial tenancies (Code) intended to aid the management of cash flow for SME tenants and landlords that are suffering financial stress or hardship as a result of the COVID-19 pandemic. The Code includes a set of good faith leasing principles for application to commercial tenancies where the tenant is an eligible business for the purpose of the Commonwealth Government's JobKeeper program. You can find our full analysis of the key changes the Code introduced here.

In response, Victoria enacted the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic Act) on 24 April 2020 and the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Vic Regulations) on 1 May 2020.

In this special alert, we provide our analysis of the Vic Act and Vic Regulations and outline a number of important differences that distinguish Victoria's approach with that of the Commonwealth.

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