The recent decision by the Supreme Court of Victoria in CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017] VSC 23 endorses a wider interpretation of what is considered a ‘retail premise’ for the purposes of the Retail Leases Act 2003 (Vic) (RLA). As a result of this decision, it is clear that the ‘ultimate consumer’ test could be satisfied by either commercial or private consumers and that most service businesses will be found to be involved in the ‘retail provision of services’ and subject to the RLA. As a consequence, leases which have previously been considered to fall outside the scope of the tenant friendly RLA provisions may, in fact, be regulated by its provisions, without landlords or tenants realising.
Monthly Archives: March 2017
Will you be caught within the expanding cover of the Retail Leases Act?
The recent decision by the Supreme Court of Victoria in CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017] VSC 23 endorses a wider interpretation of what is considered a ‘retail premise’ for the purposes of the Retail Leases Act 2003 (Vic) (RLA). As a result of this decision, it is clear that the ‘ultimate consumer’ test could be satisfied by either commercial or private consumers and that most service businesses will be found to be involved in the ‘retail provision of services’ and subject to the RLA. As a consequence, leases which have previously been considered to fall outside the scope of the tenant friendly RLA provisions may, in fact, be regulated by its provisions, without landlords or tenants realising.
Hall & Wilcox a finalist in two categories at the 2017 Australasian Law Award
Hall & Wilcox is delighted to be named a finalist in two categories at the 2017 Australasian Law Awards.
These are:
- Law Firm of the Year (101-500 lawyers)
- Law Firm Leader of the Year (>200 employees) – Tony Macvean
States and online retailers continue to battle over sales tax laws
SOUTH DAKOTA
Pennsylvania: Department of Revenue retracts controversial letter ruling
Earlier this month, we explained the Pennsylvania Department of Revenue’s (Department) February 9, 2017, Letter Ruling SUT-17-001, which clarified the Department’s interpretation of Act 84 of 2016 (the Act). Among other things, the Act broadened the definition of “tangible personal property” to expand the list of items subject to the state’s 6 percent sales and use tax. The Letter Ruling made it clear that the tax would apply to canned computer software and related maintenance and support services, along with books, applications, games, music and audio.
Michigan: Detroit codifies jock tax that includes travel and practice time
Florida: Governor vows to never stop fighting for Florida’s families
RSS increases its presence with the aviation and aerospace industry
March 20, 2017 — With the recent arrival of Nicolas Drolet, lawyer and airline pilot with extensive flying experience and knowledge of the industry, RSS is more than ever an ideal advisor to Quebec’s aviation sector. Airlines, engine and parts suppliers, shippers, drone operators, insurers, financial institutions and others will find at RSS a team of experienced and dynamic legal advisors.
Important Amendment to Thailand’s Anti-Corruption Act
Amendment 3 of Thailand’s Anti-Corruption Act, the Organic Act on Counter Corruption B.E. 2542 (1999) (the Act), came into effect on July 10, 2015. The amendment was influenced by the U.K. Anti-Bribery Act and by the U.S. Foreign Corrupt Practices Act (FCPA) and its enforcement agencies. Under the Act, Thailand now complies with international standards for anti-corruption. The amended Act covers offenses and punishments relating to bribery amongst state officials in Thailand, foreign countries, and officials from international organizations. The National Anti-Corruption Commission can now investigate and file suits in Thailand and in foreign courts against Thai and foreign state officials, individuals in the private sector, and international organizations. A major objective of the amended Act is to compel Thai companies to draft and implement anti- corruption policies that will help prevent corrupt practices before they can happen.
New law: where does the new client fit in?
Amid the potential for new technologies to transform legal delivery, the most exciting change we are currently seeing is clients who expect more.
So much of the talk around innovation in legal services misses the one vital element of the whole equation. Technology is and will continue to play a huge role, but something bigger is happening: focus on the client.
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