On 14 July 2021, the NSW Government enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Regulation) following the announcements of the 2021 COVID-19 NSW Support Package for retail and commercial tenants and landlords.
The Regulation provides clarity on who is an impacted lessee and the prescribed period in which the prohibition on lockouts and evictions on impacted lessees applies (without having first attempted mediation). We note retail and commercial leases are treated in the same manner.
We have summarised the Regulation in our latest Property article.
We are pleased to announce that Chris Drayton who leads our property and leasing team has been ranked in the 2021 listing of Leading Leasing Lawyers in NSW.
The NSW Government through the COVID-19 Recovery Act 2021 has legislated that retail and commercial tenants continue to be protected in relation to anything occurring while the lease was an impacted lease during the prescribed period.
Makinson d’Apice is very pleased to advise that Bill d’Apice has been awarded a Member of the Order of Australia (AM) in the Australia Day 2021 Honours List.
Further to our brief note yesterday (which can be found here) regarding the extension of the NSW COVID Regulation to 28 March 2021, we now summarise the key changes implemented through the Third NSW COVID Regulation.
The Third NSW COVID Regulation repeals the NSW COVID Regulation and Second NSW COVID Regulation.
The NSW Small Business Commission has confirmed, in line with the Minister for Finance and Small Business’ media release dated 18 December 2020, that the intention is that from 1 January 2021 the protection of the extended prescribed period applies for the benefit only of retail tenants who meet the eligibility requirements.
The Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 was announced 18 December 2020 and commences on 1 January 2021. This Regulation extends the prescribed period so that it now ends 28 March 2021.
Makinson d’Apice is pleased to announce that Bill d'Apice has been recognised in Chambers and Partners' Asia Pacific 2021 edition as a ranked lawyer in the area of Charities, for the fourth consecutive year.
Congratulations to Ella Alexander and Isabel McLelland who both won awards at the Women in Law Awards 2020 gala night. Ella won the Pro Bono lawyer of the year award and Isabel the Rising Star of the year SME law award.
In this article we have summarised in further detail the effect of the Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (“Second NSW COVID Regulation”). The prescribed period is extended to 31 December 2020 and some of the uncertainties contained in the NSW COVID Regulation, in particular whether certain clauses are intended to apply only to "impacted lessees" or to commercial and retail leases in general have been clarified.
We are pleased to announce that Makinson d’Apice has been recognised in the 2020 Doyles’ Guide as a First Tier Medical Negligence & Malpractice Law Firm (Defendant) in NSW.
On 23 September 2020, the NSW government announced that as a result of the continuing impact of COVID-19 on businesses, the Retail and Other Commercial Leases (COVID-19) Regulation (Regulation) will be extended to 31 December 2020. The Regulation was due to expire on 25 October 2020.
