Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is a business tenant entering a new retail lease in Victoria - a retail shop, cafe, restaurant, clothing boutique, or any other retail premises governed by the Retail Leases Act 2003 (VIC). Open it the moment Heads of Agreement or a draft lease is received, and before the client signs anything. This plan guides the practitioner from initial instructions through disclosure statement review, lease negotiation, execution, and post-commencement compliance including rent review management and option exercise monitoring.
Jurisdiction: Victoria. Retail leases are regulated by the Victorian Small Business Commission (VSBC) under the Retail Leases Act 2003 (VIC). Disputes during the lease term require mandatory VSBC mediation before any VCAT proceedings. The fork in this plan covers the option exercise and lease renewal pathway, which involves separate statutory disclosure and cooling-off obligations.
The Process at a Glance: The landlord must provide both a Lessor's Disclosure Statement in the prescribed Retail Leases Regulations 2023 format and a copy of the proposed lease at least 14 days before the lease commences - failure to comply gives the tenant powerful rights including rent withholding and early termination. The practitioner reviews the Heads of Agreement and Disclosure Statement for compliance, then conducts a thorough legal review of the draft lease focusing on outgoings, rent review mechanisms, make-good provisions, permitted use, trading hours, and assignment rights. Amendments are negotiated with the landlord's solicitor by formal letter. Once agreed, the tenant and guarantors execute the lease. Insurance certificates and the bank guarantee are arranged before execution. Post-commencement, key dates are diarised including rent review dates, the option exercise window, and the 14-day cooling-off period after option exercise. Verify current guidelines on the official . Access services via the .
Use this fork when an existing retail tenant in Victoria wants to exercise an option to renew their lease. This fork applies when the initial lease term is approaching expiry and the tenant wishes to continue occupying the premises for the option term. Open this fork when the PMS triggers the option exercise window alert, or when the client contacts you about renewal. Verify current guidelines on the official Victorian Legislation. Access services via the Victorian Courts.
Key Legislation and Case Law: Retail Leases Act 2003 (VIC) - s15 (landlord must provide the fully executed lease within 28 days of receiving the tenant's executed copy); s17 (mandatory disclosure: Disclosure Statement and draft lease must be provided at least 14 days before entry - failure deems the lease term to commence 14 days after the documents are provided and gives the tenant rent-withholding rights); s24 (security deposit: landlord must return within 30 days of lease end); s28 (option to renew: landlord must give 3 months notice before the last exercise date, including the first year's renewed rent); s28B (14-day cooling-off period after option exercise); s35 (rent review: only one review mechanism permitted; ratchet clauses void); Retail Leases Regulations 2023 (prescribed disclosure forms: Schedule 1 non-shopping centre, Schedule 2 shopping centre, Schedule 3 renewal, Schedule 4 assignment). Case law: ***Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd*** (2024, VSC) - caps on rent increases are NOT void ratchet clauses under s35(3). VSBC mandatory mediation applies before VCAT proceedings in most disputes.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Retail Lease (Tenant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Establish the retainer and identify key commercial terms before reviewing documents.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Identify disclosure deficiencies, void clauses, and the client's key risk exposures before negotiation begins.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Protect the tenant's commercial interests on make-good, outgoings, rent review, and exit obligations.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Section 17 Retail Leases Act 2003 (VIC): If the landlord fails to provide the disclosure statement and draft lease at least 14 days before the lease commences, the lease is taken to commence on the day that is 14 days after those documents are provided. The tenant is not required to pay rent or outgoings until that deemed commencement date.
Renewal disclosure: For option renewals, the landlord must provide an updated disclosure statement at least 21 days before the end of the current term, or within 14 days of agreeing to renew (s28 Retail Leases Act 2003).
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Section 50 Retail Leases Act 2003 (VIC): Land tax is expressly excluded from recoverable outgoings - a tenant CANNOT be required to pay land tax regardless of what the lease says.
If an outgoing is not estimated in the disclosure statement before the lease is entered into, the tenant is not obligated to contribute to that outgoing until a compliant estimate is provided.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd (2024, VSC): Confirmed that caps on rent increases (e.g., CPI capped at 5%) are NOT ratchet clauses and do NOT breach s35(3) of the Retail Leases Act 2003. This resolves previous uncertainty.
Essential safety measures costs: Amendments since 2022 permit landlords to pass on essential safety measures costs if explicitly agreed in the lease and disclosed in the Disclosure Statement.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.