Makinson d’Apice is proud to announce that Paul Evans, Indran Sinnadurai and the Estate Planning & Litigation team have been ranked in Doyles’ 2021 listings of leading NSW Wills, Estates & Succession Planning lawyers and law firms, and leading NSW Wills & Estates Litigation lawyers and law firms.
Paul was ranked by Doyles as one of only four Preeminent Wills, Estates & Succession Planning lawyers in NSW.
We are really pleased to announce that Nicholas Regener who leads the firm’s specialist Administrative and Public Law team has been ranked in Doyles’ 2021 listing of Leading Administrative and Public Law Lawyers in Australia.
The 2021 listing details lawyers practising in Administrative Law, Public Law, Freedom of Information & Judicial Review matters across all Australian legal markets (only 25 lawyers are listed) who have been identified by clients and peers for their expertise and abilities in these areas.
The NSW Government has announced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (Regulation). Previously the NSW Government only provided for a prohibition on evictions as noted in our previous article linked here. The amendment Regulation provides an obligatory framework for landlords’ to provide rent relief to “impacted lessees” by applying similar principles to the 2020 COVID-19 rent relief scheme.
The Regulation has extended the prescribed period in which this framework applies to commence on 13 July 2021 and end on 13 January 2022 (previously 20 August 2021).
The Victorian Government has announced the re-introduction of legislative framework to provide for further rent relief between commercial landlords and tenants in response to the ongoing COVID-19 pandemic. The current scheme expired on 28 March 2021.
We expect new Regulations will be announced shortly and further certainty as to the details of the framework will be provided at the same time. However, we anticipate this scheme will largely mirror the previous COVID-19 relief package. We have summarised the expected details of the new scheme.
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.
