In Northcote Shopping Centre Pty Ltd v Aldi Foods Pty Ltd [2026] VSCA 140, the Victorian Court of Appeal confirmed that a cap on rental increase following a CPI review or market rent review was not contrary to section 35(2) of the Retail Leases Act 2003 (Vic). What were the facts? Aldi leased a shop at…
The recent decision of Warrnambool Whalers Hotel Pty Ltd v Warrnambool CC [2026] VCAT 440 provides guidance on the Tribunal’s approach for applications to cancel planning permits issued under former Clause 52.27. The decision builds on the earlier Red Dot decision in Ballarat Cinemas Pty Ltd v Ballarat CC (Red Dot) [2025] VCAT 1029. BSP Lawyers successfully represented Warrnambool Whalers…
Liquor Control Victoria (the Commission) has recently announced the long-awaited project of updating existing licences that benefit from trading hours extensions granted in March 2022. 1am Extension In March 2022, the Commission announced the automatic extension of permitted trading hours for the on-premises supply and consumption of liquor until 1am on every day of the…
The Victorian Government has yet again announced an extension to COVID-19 exemptions under the planning scheme that relate to use of outdoor areas across Victoria – now extending their operation to 30 June 2027. In October 2020, the Victorian Government originally amended the planning scheme to facilitate outdoor trading arrangements in response to COVID-19 restrictions….
The November 2024 Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024 (the Amendment Act), which gives effect to the implementation of a regulatory and licensing framework for tobacco suppliers in Victoria, came into effect from 1 July 2025. The Amendment Act amends the Tobacco Act 1987 (the Act) to provides the framework for…
Removal of clause 52.27 As anticipated by our update on 10 December 2024 which can be found here, as of 1 July 2025 the Victorian Government have amended all Planning Schemes to delete Clause 52.27 in its entirety. There is no longer a planning permit trigger if a venue is intending to amend any condition…
The Victorian Government recently announced a series of changes across all planning schemes and legislation. These changes largely flow from Victoria’s Housing Statement: The Decade Ahead 2024-2034, which identified that 800,000 new homes will be required in Victoria over the next decade (Housing Statement). The Housing Statement identifies that these houses will be provided “closer…
On 8 December 2024 the State Government announced a new initiative as part of the Economic Growth Statement to reduce red tape in planning approvals by abolishing the specific planning permit trigger for applications involving the supply and consumption of liquor on a premises – Clause 52.27 of all planning schemes in Victoria. Currently, new…
The State Taxation Further Amendment Act 2024 received Royal Assent on 3 December 2024. The Act makes further amendments to state taxes, including the Vacant Residential Land Tax (VRLT). Below is a summary of the main amendments relating to land tax. Vacant Residential Land Tax Alpine Resorts Land in an “Alpine Resort” (such as a…
On 18 November 2024 the Australian Information Commissioner (AIC) published its decision in respect of Bunnings Group Limited. The AIC found that Bunnings had breached multiple sections of the Australian Privacy Principles as a result of the use of facial recognition technology (FRT) used at 63 stores in Victoria and New South Wales between November…
