Retail & Commercial Leasing: COVID-19, Rent Relief, Defaults & Insolvency
Issues covered include: COVID-19, rent relief negotiations and documentation, defaults, disputes, insolvency
Description
Gain an indispensable roundup of all the new legislation and regulations impacting leasing along with an analysis of how it’s all playing out in practice. Explore how rent relief negotiations & disputes are working out. Examine how COVID-19 and the current market is impacting defaults & insolvencies.
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Gia Cari, Partner, Arnold Bloch Leibler, Australian Property & Real Estate Rising Star, Doyle’s Guide 2019
2.00pm to 3.00pm: Rent Relief Negotiations and Documentation: Strategies and Examples
- General tips for negotiating rent relief in the current environment
- Key drafting issues
- Examples of what to include or not include in a rent relief agreement
Presented by Mark Flynn, Partner, McKean Park Lawyers; Accredited Specialist in Commercial Tenancy Law and Business Law
3.00pm to 4.00pm: Defaults, Disputes & Urgent Issues in the Current Environment
- Lease defaults before and after the Code
- How does the Code impact tenants in default or in arrears prior to the Code taking effect?
- Rent relief and other disputes arising under the Code
- Timing issues on applications for rent relief before and after the Code
- What happens when the parties can’t agree on rent relief?
- How might disputes play out before the Small Business Commissioner or VCAT?
- Other key issues under the new legislation and regulations
- How the Code applies to franchises or large corporations
- Differences between commercial & retail leases under the Code
- Can an agreement to vary a lease turn into a surrender and re-grant resulting in a new lease no longer under the Code?
- Impact of the Code on exercising an option: timing issues
Presented by David McKenzie, Principal, LMG Lawyers; Accredited Specialist in Property Law
4.00pm to 4.15pm: Break
4.15pm to 5.15pm: Insolvency & Leases: New Legislation and Game Changing Cases
- The impact of insolvency on leases
- Issues for landlords and tenants
- What you need to know about liquidation and bankruptcy
- How new insolvency and leasing legislation will impact landlords and tenants in distress
- The Colette administration and the impact of the court’s decision to limit liability for administrators and grant a reprieve on rent
- PPSA and security considerations
Presented by Kieran Hickie, Barrister, Young’s List; co-author, Australian Commercial Arbitration, LexisNexis