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Commercial leases are still primarily governed by the common law, even where leases are subject to retail or shop lease legislation, as the various states’ legislation tends to supplement and rely upon the common law. Consequently, the majority of this book consists of an analysis of common law principles whilst also examining the legislation, in particular, the developments of the Australian Consumer Law, Personal Property Securities Act and corresponding state fair trading legislation as well as retail or shop lease legislation on a state by state basis.
The fifth edition has been updated to take into consideration developments such as new case law and legislative change including amendments to the States’ retail leasing legislation.