• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


COVID-19 Leasing Regulations – the latest from the Supreme Court

The new COVID-19 leasing regulations set out the general principles of how landlords and tenants should share the costs of the current downturn in many businesses.  However, it remains unclear how those principles should be applied and what happens if the landlords and tenants can’t agree.

Supreme Court Decision

The recent Supreme Court decision of Sneakerboy Retail Pty Ltd v Georges Properties Pty Ltd has given us some guidance on how the regulations will be interpreted by the Courts.   Whilst this is a NSW Supreme Court case and applies to the NSW regulations, it shows how the Courts are likely to approach similar rental regulations in Victoria and nationally.

The Court confirmed that it may compel parties to negotiate in good faith or attend a mediation, but it will not make orders varying the terms of a lease.  So it appears parties are obliged to negotiate and mediate, but not to agree to any particular outcome.

COVID principles require landlords to grant proportionate relief to tenants based on the reduction in the tenant’s turnover during the COVID-19 pandemic period.

The Court confirmed the turnover will include turnover generally, including turnover from the leased premises, and other premises, as well as turnover from other sources, such as internet sales.

The Court emphasised that each circumstance will be different and the COVID regulations would require agreements that are tailored.  Although this emphasis is of little help if an agreement is not reached.

The Court also addressed the prohibition on landlords from terminating leases and enforcing other rights.  The Court confirmed that the prohibition is not intended to stop landlords from terminating a lease during the relevant period only (currently up to the 31 December 2020).  Rather, it is intended to prohibit landlords from taking prescribed actions at any time (even after expiry of the prescribed period) if the relevant circumstances occurred during the prescribed period.

So landlords planning on terminating a lease as soon as January 2021, will need to think carefully before they take action.

If you need assistance with negotiating rent relief or understanding your obligations under the COVID-19 Regulations, please contact a member of Taurus Legal Management on (03) 9481 2000 or at info@tauruslawyers.com.au


Posted by Taurus Legal Management