Retail and Commercial Leasing: Current Issues and Concerns
The legal concerns 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 such as insolvency, non-payment of rent, restructuring, termination, recourses for tenants for landlord non-performance, subletting and hear an update on the leasing market.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
9.00am to 9.30am: Setting the Table: Retail and Commercial Leasing Market Snapshot
- Insights into current market conditions for Melbourne office, commercial and retail spaces
- The latest economic indicators and trends in rent
- Supply and vacancy data
- Analysis of the current market, possible trends to come, and the potential impact on the retail and commercial leasing space
Presented by Tony Crabb, National Director, Research, Cushman & Wakefield
9.30am to 10.25am: Insolvency, termination and Breaches of Lease: How to Avoid and Otherwise Resolve
- General strategies for avoiding and managing lease defaults
- Warning signs and important principles
- Non-payment of rent
- Lease termination
- Dealing with Insolvency practitioners
- Leases and restructuring
Presented by David Dickens, Partner, Hall & Wilcox
10.25am to 11.15am: Subletting: Tips, Traps and Drafting
- Expected increase in subletting due to increased working from home arrangements
- Tips and traps
- Misconceptions around subletting
- Landlords obligations and restricted subletting
- Common issues when drafting subleases
- COVID-19 Rent Relief Negotiations
Presented by Richard Skopal, Principal, DWF Australia; Best Lawyers 2016- 2020, Leasing Law and Real Property Law
11.15am to 11.25am: Break
11.25am to 12.20pm: Tenant vs Landlord: Recourses for Tenants for Landlord Non-Performance
- A landlord’s common law duties and exactly what constitutes a breach
- Statutory requirements under the Retail Leases Act
- Promises implied in a lease: what implied covenants can a tenant rely on and what sorts of situations might give rise to a breach?
- Understanding compensation, damages and rent abatement
Presented by Elizabeth Ruddle, Barrister, Foley’s List
12.20pm to 1.10pm: Disputes at the End of a Lease
- ‘Make good’ obligations
- Removal of equipment
- Bank guarantees
- Abandoned goods
Presented by Robert Hay QC, Greens List
Presenters
Max Cameron
Max is a leading property lawyer with over 38 years acting for many of Australia's leading landlords and tenants. His formidable commercial property and property management knowledge and experience includes recognised expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his management and co-ordination of national, cross-jurisdiction teams, Max has a strong track-record acting for large corporate and public sector clients including AMP Capital, Challenger, Charter Hall, Dexus, GPT, Pacific Group, QIC, Vicinity, CBA, ANZ and Woolworths on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios.
Tony Crabb
Tony is National Director of Research at Cushman and Wakefield working in the Melbourne office with the office, retail and industrial teams. Tony has worked in a research capacity for several organisations over the past 23 years. Tony is an advisor to the Reserve Bank of Australia where he is part of their business liaison unit. Tony is also an advisor to the Federal Department of Treasury. Tony is Chair of the Advisory Board of the Property and Real Estate Faculty at Deakin University. Tony worked at ISPT where he was responsible for a $100 million listed property portfolio and investment research.
David Dickens
David is a Partner in the commercial disputes resolution group at Hall & Wilcox. David frequently advises on property disputes, acting for national landlords, significant tenants, investors and developers in real estate disputes. As a commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, trusts, misleading and deceptive conduct and regulatory obligations. He has appeared in the Supreme Court of Victoria, the Federal Court and VCAT and represents clients in mediations and arbitrations.
Richard Skopal
Richard is a principal at DWF (Australia) in their Melbourne Real Estate team. He is an experienced property and real estate lawyer with a particular focus on commercial transactions, large and mid-scale development projects, and commercial and retail leasing. Richard acts for both private clients and various Government agencies and has been recognised by Best Lawyers as a leading practitioner in Real Property Law and Leasing Law. Richard's experience includes numerous large due diligence investigations for buyers and sellers of commercial, industrial and retail sites.
Robert Hay QC
Robert Hay has been a barrister at the Victorian Bar since 1992 and practice mainly in the area of property law including sale of land, owners' corporation disputes, mortgages and leasing. Robert was appointed as a senior counsel in November 2014. He also acts as a mediator in property law disputes. Robert has been engaged to provide advice to government bodies about legislation and property law issues. Robert is also case note editor of the Property Law Journal (LexisNexis) and author of the popular blog "The Property Law Blog" (http://roberthaypropertybarrister.wordpress.com). Before becoming a barrister he was a cadet journalist and journalist with "The Mercury" newspaper in Hobart (1978 - 1983) and a solicitor at Arthur Robinson & Hedderwicks in Melbourne (now Allens) (1987 - 1992).
Elizabeth Ruddle
Elizabeth's practice at the Bar includes general commercial litigation, property law matters, confiscation and criminal cases. She regularly appears in a variety of matters at the Victorian Civil and Administrative Tribunal, primarily with a leasing or property law focus. She appears in mediations, compulsory conferences, injunctions and final hearings. Elizabeth has worked with a large variety of clients, from individuals and small businesses to major property and finance companies. She has worked with these clients in areas ranging from retail tenancy and planning disputes to sales of business and has represented clients in a wide range of jurisdictions. Elizabeth's areas of practice include: commercial and civil claims, mediation and ADR, criminal trials and appeals, property, planning and building, retail and residential tenancies and VCAT practice and procedure.