LAW 1506 Lecture Notes - Lecture 6: Australian Consumer Law
23 May 2018
School
Department
Course
Professor
Historical position
1. Leases were not within the freehold tenure system
a. Real/personal property- forms of action historically
b. Beae alled hattels real hyrid as iportae eerged
2. No, lease = otrat + estate i lad oied rights; contractual and proprietary aspects)
a. Contrast to freehold- L certainty of duration; FH uncertainty of duratio
3. Leases are also contractual- many features of contract law are relevant- HCA has confirmed this
in several cases since 1985.
a. Leases have executory obligations (still to be performed)
4. But they are also proprietary interests- executed contracts
a. They hae the usual harateristis of property
Statutory context
1. Landlord and Tenant Act 1936
a. Provisions regarding forfeiture
2. Commercial tenancies
a. Retail and Commercial Leases Act 1995 (also covers shopping malls)- rent under 400 000 p.a,
not public companies
i. argely about disclosure and information, charges
b. Disputes heard in District or Supreme Court
3. Residential Tenancies Act 1995
a. Significantly amended with effect from 1/3/14
b. Excluded occupancies, eg student accommodation (unless apartments provided by non
educational providers), holiday lets, sharing with owner
c. Covers information in agreement, bonds, excessive rent, repairs, tenants obligations,
assignment, termination
d. SACAT (SA Civil and Administrative Tribunal) hears disputes between L and T, re bond etc
4. Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Sch2) and fair trading
legislation (SA) applies to consumer lessees
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