Conveyancers helping Buyers and Sellers at Property auctions
However, we expect the industry to be heavily criticized. We are well prepared to respond. We encourage your company to be prepared.In Victoria, a rowdy public meeting of almost 700 small retailers last night heard promises of legislative action by a collection of State and Federal MPs of all political persuasions.As previously advised, Peter Clarke is representing your interests on the Committee established by the Victorian Government to look into amending the retail tenancies legislation.

The Property Council supports the proposal by the Federal Parliament’s Fair Trading Inquiry for harmonized (uniform) retail tenancy legislation. The Fair Trading Inquiry tabled its report entitled "Finding a Balance" in Federal Parliament in late May. The Federal Government has said it will respond to the Report’s recommendations by the end of August.

The negotiation process should continue the work already underway through the Retail Industry Liaison Forum involving the two peak industry groups, the Property Council of Australia and the Australian Retailers Association.This process should mean the deferral of the current reviews of retail tenancy legislation being conducted in one form or another by every State and Territory Government.

Members are encouraged to contact any MPs (State or Federal) known to them to argue our case for harmonized lease legislation. The key Federal Ministers are Geoff Prosser, John Moore, the senior Minister responsible for industry policy, and Treasurer Peter Costello.

The Property Council of Australia today welcomed last night’s statement by the Australian Retailers Association that granting leases in perpetuity would be unworkable. The Chief Executive Officer of the Property Council, Mr Peter Verwer, said that until yesterday the ARA had promoted the recommendations of the so called fair trading report as the answer to all retailers’ problems.

Now many retailers are becoming aware that many of the report’s recommendations intended to help them will in fact hurt them and reward mediocre or failed retailers at the expense of successful operators, Mr Verwer said the right of the owner at any form of property to recover that property at the end of a lease was fundamental to the principles of ownership in any democracy. This master, known as a legal property conveyancer, can either be an enrolled authority or an approved property conveyancer.

For a bi partisan parliamentary committee to recommend abrogation of such a fundamental right is alarming. The Property Council has and will continue to vigorously oppose such a retrograde step and welcomes the ARA’s support on this issue.The ARA and the Property Council believe harmonized lease legislation which incorporates best practice principles is the way to provide greater certainty and equity for all parties to a retail lease.