In brief

Victoria has extended its COVID ban on evictions and rental increases in relation to certain commercial leases.

Courts have continued to grant administrators additional time during which they have no personal liability for lease payments, to enable them to properly assess the situation and negotiate with lessors. However, a decision of the Federal Court in The PAS Group administration has clarified that rent for the “personal liability free” period is nonethless a properly incurred expense of the administration, rather than an ordinary unsecured debt without priority in a liquidation.

COVID related changes to the FIRB regime for proposed transactions continue to be a factor in overseas investment in Australian real estate, although there have been some modifications effective 4 September 2020.

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