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.
Please note that there have been no relevant VCAT retail leasing cases since February 2026.
Below are 5 recent property-related cases from the courts that may be of interest:
Supreme Court of Victoria
1. Barr Corporation Pty Ltd v Roff [2026] VSC 334 (2 June 2026)
This case dealt with the dumping of toxic waste by a tenant inside a factory in Braeside. The Court awarded damages against the tenant in excess of seven million dollars.
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2. MacDonald & Co v Kharty [2026] VSC 336 (2 June 2026)
This case dealt with a building contract that was terminated as a result of alleged violent, threatening, and intimidating behaviour by the contractor. In this case, the party seeking to terminate the contract was successful.
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3. Gliddon v Latham Professional Services Company Pty Ltd & Ors [2026] VSC 338 (3 June 2026)
This case involved a licence for a dental practice that had operated over many years and was subsequently terminated. The licensee claimed that the agreement was a sublease subject to the Retail Leases Act 2003. The licensee was unsuccessful in that claim.
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4. England v Iddon [2026] VSC 390 (15 June 2026)
This case was an appeal from a previous VCAT decision and concerned a tenant who was locked out of premises in Portland for failing to pay rent and outgoings due under a Section 146 notice. The tenant was unsuccessful in overturning the notice.
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High Court of Australia
1. Commissioner of Taxation v Bendel [2026] HCA 18 (10 June 2026)
This case confirmed that an unpaid present entitlement (UPE) between a discretionary trust and a beneficiary company does not fall within the extended definition of a “loan” for Division 7A purposes where there has been no call for payment of the entitlement.
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