Retail and Commercial Leasing: Current Issues and Concerns
The legal issues impacting the leasing sector are evolving at a more rapid pace than ever before and it’s critical you keep up with the latest developments and strategies. Learn what you need to know about the latest cases and issues affecting leasing including insolvency, rent relief, fit-outs, end of lease disputes, back to base clauses, detinue, Agreements for Lease, incentives and Foreign Investment Review Board changes.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Robert Schneider, Consultant, HWL Ebsworth Lawyers; Best Lawyers 2020, Alternative Dispute Resolution
9.00am to 10.00am: End of Lease Disputes
Delve into two perennial areas of disputation arising when a lease comes to an end.
- Returning premises in the same base state and the consequences for failing to do so
- In commercial leases, the lessee often fits out the premises, but there is usually a clause stipulating that the premises must be handed back in same base state.
- S 133A of the Conveyancing Act deals with damages for a breach of a covenant to inter alia leave or put premises in repair at the termination of a lease.
- What is the interaction between S 133 A and ‘back to base’ clauses?
- Waterways Authority of New South Wales v Coal and Allied Operations Pty Limited [2005] NSWSC 1285
- Midcoast Petroleum Pty Ltd v Keldros Pty Ltd [2019] NSWSC 970
- Tenant lockouts and removing equipment
- What happens when a landlord locks out a tenant, contends the lease is at an end & doesn’t permit the tenant to uplift their equipment?
- How does detinue and conversion apply to this circumstance? Bird v Biedrzycki [2019] ACTSC 214
- Analysis of tactics and strategies from both landlord and tenant in the event of a dispute
Presented by Sydney Jacobs, Barrister, 13th Wentworth Chambers
10.00am to 11.00am: Leasing Updates: FIRB Changes, Rent Relief & the Latest Cases
- Foreign Investment Review Board changes and the impact on leasing
- COVID-19 rent relief: the journey so far and insights into what to expect going forward
- Case law update
Presented by Andrew Grima, Principal, Coleman Greig Lawyers
11.00am to 11.10am: Break
11.10am to 12.10pm: Leasing and Insolvency
- Major issues in insolvency
- What to expect in the year ahead
- Tips and tricks for dealing with insolvency disputes
Presented by Catherine Hallgath, Partner, Mills Oakley Lawyers; Accredited Specialist in Property Law; Leading Leasing Lawyer, Doyle’s Guide 2020
12.10pm to 1.10pm: Agreements for Lease: A Guide to the Critical Issues
- When should an Agreement for Lease and Fit out Deed be used?
- Practical completion and extension of time mechanisms
- Purpose Built facilities
- Addressing required consents, variations and ‘fitness for purpose’ warranties
- Disputes and Damages
- Dispute resolution and termination rights for breach
- Liquidated damages regimes
- Incentives
- Dealing with lease incentives
Presented by Sebastian Busa, Partner, Baker McKenzie; Recommended Property and Real Estate Lawyer, Doyle’s Guide 2020
Presenters
Robert Schneider
Robert is a consultant at HWL Ebsworth Lawyers. He holds a Master of Laws degree from the University of Sydney and has been practising as a solicitor in New South Wales for the past 40 years. He has a special interest in land related litigation, and has acted for both landlords and tenants to commercial and retail leases and vendors and purchasers to transactions for the sale of commercial and residential property in proceedings in various courts. Robert has also acted for both landlords and tenants in mediations of lease disputes, including retail tenancy disputes under the Retail Leases Act 1994.
Sydney Jacobs
Sydney Jacobs is a Barrister and an accredited Mediator and Arbitrator. Sydney read for his LL.M at Cambridge University, England. He has a general commercial equity practice including partnership disputes, property litigation (e.g. easements, leasing matters, contracts for the sale of land off the plan, relief against forfeiture of deposits) and building & construction disputes. He is the sole author of two major loose-leaf services, namely: Damages in a Commercial Context, and Injunctions: Law and Practice, both published by Thomson Reuters. He part authors the leading work, Commercial & International Arbitration, likewise published by Thomson Reuters.
Andrew Grima
Andrew is a Principal at Coleman Greig and head of the firm's property and finance team. Andrew has significant experience and expertise in all facets of retail and commercial leasing, including: assisting and advising both landlords and tenants in their negotiations; drafting leases and other related transactions; assignments, surrenders and enforcement of obligations. Andrew also has extensive experience in major leasing and construction projects.
Sebastian Busa
Sebastian advises on structured property transactions, joint ventures and the acquisition, development, leasing and sale of industrial, commercial and mixed use developments, commercial and bifurcated property and business structures. He has a large commercial leasing practice and specialises in managing property portfolios for end users including in respect of commercial office, purpose built facilities, industrial warehousing, logistics and rail and port facility developments. As a specialise adviser on property development, Sebastian is also highly experienced in complex title structuring, purpose built facilities, agreement for leases, development agreements, joint venture agreements, fitout deeds and associated trust and taxation structuring. Clients include major property developers, major corporate tenants, institutional investors, and REITs industry participants.
Catherine Hallgath
Catherine is a Partner with Mills Oakley Lawyers and is a Law Society accredited specialist in property law. Catherine has acted for a range of leading Australian and Asian property owners and has extensive experience in acquisition, development and disposal of major property assets, especially commercial office blocks, retail shopping centres and industrial parks. She has acted for landlords throughout Australia in relation to ownership and management of property assets and for tenants in Australia, New Zealand and Asia, negotiating and advising on commercial, industrial and retail leases. Catherine is the author of the Lexis-Nexis Practical Legal Guidance Leasing Service and a member of the Property Law Advisory Committee for the Accredited Specialist program