CANCELLED: Retail & Commercial Leasing Basics: Start to Finish
Issues covered include: pre-lease, preparing leases, leasing process, mandatory provisions, heads of agreement, lease negotiation, drafting, tax in leasing, post lease, exeuction, disputes, post-lease, disputes,
Description
Simplify the leasing process for yourself from beginning to end. Master each of the key fundamentals of leasing with step by step guides, checklists, and detailed explanations of everything from pre-lease considerations through to lease disputes and everything in between.
Attend the full day and earn 7 CPD units including:
5 CPD units in Substantive Law
2 CPD units in Professional Skills
Session 1
Pre-Lease Issues & Preparing the Lease
Chair: Romana Duthie, Partner, Gadens; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2019
9.00am to 10.00am: Retail Leases vs Commercial Leases: Key Differences & why they Matter
- Overview of the relevance and impact of a lease being a ‘retail lease’
- Why does it matter?
- When does the Retail Leases Act apply? General rules & exceptions
- What is a ‘retail premises’?
- How are disputes handled under the RLA and how are conflicts between lease provisions and the RLA resolved?
- Mandatory provisions and common conflicts under the RLA
- Repair and maintenance
- Prohibition on recovery of land tax
- Breach and relief against forfeiture
- Renewal
- Costs
- CB Cold Storage and more recent interpretations of what constitutes a retail lease
Presented by Elizabeth Ruddle, Barrister, Foley’s List
10.00am to 11.00am: Heads of Agreement (HOA) for Leases: A Drafting Workshop for Tenant Representatives
Work through an example Lease Proposal with a practical, step by step guide to the following key pre-lease issues:
- Basic principles and key considerations for HOA
- When to use HOA
- When are HOA binding or non-binding?
- Reviewing HOA for the tenant: key tips and traps
- Adding value for the tenant
- The importance of including landlord obligations
- Common landlord obligations and warranties to include
- Due diligence considerations
Presented by Michael Westaway, Partner, HWL Ebsworth Lawyers; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2019
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Lease Negotiation and Drafting Strategies
General Negotiation and Drafting Strategies and Techniques
- Drafting strategies to make sure you covered everything
- Preparing flowcharts, maps, diagrams and lists of scenarios
- Get someone else to review your work – including a litigation colleague
- Using worked examples
- Keeping defined terms and concepts distinct
- Negotiation techniques
- Exploring the different frameworks of lease negotiations
- The art of the compromise
- Balancing legal and commercial interests
Key Clauses in Reviewing Retail & Commercial Leases
- Insurance obligations
- Outgoings
- Indemnities and warranties
- Incentives
- Contamination
Presented by Mark Flynn, Partner, McKean Park Lawyers; Accredited Specialist in Commercial Tenancy Law and Business Law
12.15pm to 1.15pm: Tax Basics in Leasing: What you Need to Know
- Spotting the issues: a checklist of when and how GST applies in the leasing context
- What if the vendor isn’t registered for GST?
- Going concern considerations & margin scheme considerations
- What are they?
- What do you need to know about them?
- How does GST impact the lease or sale of mixed use premises?
- How to respond to client questions: from the common to the more difficult queries
Presented by Ross Higgins, Partner, Mills Oakley
Session 2
Post-Lease Issues & Disputes
Chair: Gia Cari, Partner, Arnold Bloch Leibler, Australian Property & Real Estate Rising Star, Doyle’s Guide 2019
Professional Skills
2.00pm to 3.00pm: Finalising the Lease: a Checklist from Execution to Completion
Work step by step through the leasing process from the execution of a lease to completion. Mistakes in this critical leasing process can lead to severe consequences, so take this opportunity to learn how to get the details right.
- Checklist for steps to be taken once the Lease is signed
- Obtaining consent of the mortgagee: why this is necessary
- Obtaining the landlord’s signature: how a lease should be properly executed and what steps you should take to protect your client
- The registration process
- Does the Lease have to be registered & why would you want to register?
- How to satisfy the Registrar’s requirements
- Removing the old lease from the title
- Who pays for what?
- Tips for avoiding requisitions & ensuring the Lease is properly executed
Presented by Peter Mitchell, Partner; ; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer and Property & Real Estate Lawyer, Doyle’s Guide 2019, Elena Komis, Senior Associate and Forest Lukwago, Senior Associate, MinterEllison
3.00pm to 4.00pm: Market Rent Review Case Study
- Getting the rent review process right and the consequences if you make a mistake
- How to trigger a rent review
- Navigating the notice process from beginning to end
- Enforcement of notices
- What happens if you miss a notice?
- If you miss it be even a day, is it fatal to a rent review?
- What should you do if you miss a notice?
- Practical case study
Presented by Kieran Hickie, Barrister, Young’s List; co-author, Australian Commercial Arbitration, LexisNexis
4.00pm to 4.15pm: Afternoon Tea
Professional Skills
4.15pm to 5.15pm: A Guide to Handling Leasing Disputes
- Types of disputes that typically arise in leasing
- Options for dispute resolution processes
- How to avoid end of lease disputes
- How to prepare for settlement negotiations
- Drafting effective settlement agreements
Presented by David McKenzie, Principal, LMG Lawyers; Accredited Specialist in Property Law