As part of its response to the COVID-19 pandemic, the Australian Government announced on 7 April 2020 the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles (Code of Conduct).

The function of the Code of Conduct is to provide a framework to guide landlords and tenants in working out arrangements under their leases during the COVID-19 pandemic. The Code of Conduct is premised on principles of good faith, working together, and proportionate loss sharing; recognising that landlords and tenants share a common interest in maintaining leasing arrangements during the COVID-19 pandemic and through to the recovery.

The Code of Conduct itself is not enforceable in the states and territories. Each state and territory have enacted legislation to adopt and implement wholly or in part or with modifications the Code of Conduct.

This analysis is intended to provide a summary of the latest major updates to the regulations in each state and territory, and the extensions they have put in place as at 19 October 2020.

Please click here to access the "COVID-19 commercial lease summary – updated state comparison".

Dentons has a dedicated team of national leasing and dispute specialists. Please don’t hesitate to contact us if you would like further information.