Retail and Commercial tenants in NSW are likely familiar with the operation of the provisions of the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles and the NSW Government’s regulations that followed to give effect to the Code in response to COVID-19 pandemic during 2020 and, for some tenants, the first quarter of 2021.

This piece includes a summary of the Code and the regulations that were made to give legal effect to the Code from April to December 2020 and, to a more limited extent, the first quarter of 2021.

As a lawyer primarily focused on Property and Financial matters, clients often ask me: what's better - a bank guarantee or a security bond?  

As with many questions posed by clients, the answer is entirely dependent on who is asking - and in turn, their individual circumstances. 

Let's take a look at the differences.