As an ongoing service to our clients, we continue to provide monthly updates on Victorian Civil and Administrative Tribunal (VCAT) retail leasing cases and selected property-related decisions.
Below are 6 recent property-related cases from the courts that may be of interest:
VCAT Cases
1. ABR Partners Pty Ltd v EDJ Pty Ltd [2026] VCAT 625 (6 August 2026)
This case dealt with an order for possession, damages by way of unpaid rent and outgoings, backdated CPI rent increases, and the validity of a Section 64 notice. In this case, the landlord was successful.
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2. SinghRKS Investments Pty Ltd v Builtmore Investments Pty Ltd [2026] VCAT 631 (6 August 2026)
This case dealt with COVID-19 rent relief and an exercise of option challenged by the landlord. The tenant was successful in both cases, including having the landlord attend to mould remediation.
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3. Luke Bennett Real Estate Pty Ltd v Hylands & Anor [2026] VCAT 652 (11 August 2026)
This case involved a dispute over commission for the sale of a block of land. In this case, the agent was successful.
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4. Residential Property No. 1 Trust v Commissioner of State Revenue [2026] VCAT 648 (12 August 2026)
This case dealt with a claim for an exemption under the Windfall Gains Tax Act 2021 (Vic). In this case, the applicant was successful in having the assessment set aside.
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5. Australian Marina Development Corporation Pty Ltd v Nautek Marine Group Pty Ltd & Anor [2026] VCAT 654 (12 August 2026)
This case dealt with a claim for rent and outgoings at St Kilda Marina under a sublease, in addition to the calculation of the lettable area. In this case, the applicant was successful.
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6. Nay Nominees Pty Ltd v Valuer-General Victoria [2026] VCAT 660 (17 August 2026)
This case dealt with a land tax objection for several shops in Elizabeth Street, Melbourne. However, the application was out of time, and the matter did not proceed.
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There were no Supreme Court, Court of Appeal or County Court cases in August.
