Retail and Commercial Leasing Review
213N25: The legal issues impacting the leasing sector are evolving and you must keep up with the latest developments and strategies. Learn what you need to know about the latest cases, FIRB changes, rent review determinations, office considerations, franchise law issues, co-tenancy, incentives, defaults, lockouts and more.
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Leasing Legislation, Case Updates and Major Developments
Chair: Robert Schneider, Consultant, HWL Ebsworth Lawyers; Best Lawyers 2021, Alternative Dispute Resolution
Professional Skills
9.00am to 10.00am The State of the Leasing Market and Major Changes to Build to Rent
- The economy as it stands and the impact on the property market
- Economic trends, indicators and what they mean for leasing going forward
- Analysis of the market, possible trends to come, and the potential impact on leasing
- Build to rent: the next frontier?
Presented by Ben Martin-Henry, Head of Analytics, Pacific, Real Capital Analytics
10.00am to 11.00am Significant Leasing Reforms, Developments, Trends and the Impact on Your Practice
- COVID-19: recent cases and developments in relation to Retail and Commercial Leasing
- Latest legislative changes that affect leasing practitioners
- Summary of recent cases and the latest decisions that you should be aware of
Presented by Anthony Herro, Principal Solicitor, Herro Solicitors; Recommended Leasing Lawyer, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
11.15am to 12.15pm FIRB: The Journey Over the Last 12 Months
- What’s happened?
- Where we are at now
- How to put together a FIRB application for leases
- General leasing update: cases, new laws and PEXA
Presented by Andrew Grima, Principal Lawyer, Coleman Greig Lawyers
12.15pm to 1.15pm Rent Review Determination: Recent Court Decisions
- Update on recent major rent review court decisions that you need to be across
- Practical takeaways
- Review of hallmark decisions
Presented by Alan Hyam OAM, Barrister; author, The Law Affecting Rent Review Determinations, The Federation Press, 2020, 6th Edition
Session 2
Leasing Arrangements, Incentives, Defaults & Lockouts
Chair: Denis Hall, Director – Real Estate and Developments, Madison Marcus Law Firm
2.00pm to 3.00pm Special Tenancy Arrangement Roundup: Understanding Unique Occupancy Situations
- Office sharing
- Co-tenancy and operating issues
- Franchise leasing issues
- The unique challenges and benefits of short-term occupancy arrangements and pop-up stores
Presented by Alicia Albury, Partner, Maddocks; Recommended Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2020 and Suzanne Rizk, Senior Associate, Maddocks
3.00pm to 4.00pm Incentives Under a Lease: Grant and Structure
- The types of incentives that can be provided under a lease
- The benefits of providing grants in a certain form
- Structuring to best reflect its purpose
Presented by Tara Linn, Senior Associate, MinterEllison
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Tenant Defaults and Lockouts
- What rights does the lessor have to re-enter the property after there has been a default?
- Different ways of terminating a lease
- When can a tenant seek relief against forfeiture?
- Holding on to goods after a tenant leaves
- Recovering unpaid costs
Presented by Maria Tsakirios, Senior Associate and George Thomakos, Associate, MinterEllison
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 43 years. Over this time, he has amassed extensive experience in commercial litigation. 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 a range of courts and tribunals.
Ben Martin-Henry
Benjamin has 10 years of experience in Australia and the UK across investment analysis, research, strategy, and product development applied within the property sector. He has expertise in property sector performance metrics, interpretation of macroeconomic and financial market data and product development. Benjamin began his career at IPD in London (now MSCI), where he worked predominantly in research. Having recently moved from his role as Head of Capital Markets, Office & BTR within CBRE Research, Benjamin is currently the Head of Analytics, Pacific, Real Capital Analytics.
Anthony Herro
Anthony is Principal Solicitor at Herro Solicitors and is one of Sydney’s leading retail lease lawyers. He acts for clients in drafting, advising and negotiating leases and in resolving lease disputes. He possesses an in depth knowledge of Retail Leases Legislation across all States and Territories in Australia (including the Retail Leases Act) and in property law in relation to leases. He has extensive experience in all aspects of retail and commercial leasing- including complex lease negotiations and resolution of lease disputes. Anthony’s advice is sought by Government Ministers and Government bodies to advise on proposed amendments to retail lease legislation.
Andrew Grima
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. Andrew has acted for clients across a range of industries with regard to leases for premises of various sizes including national franchisors, retailers and distributors, local subsidiaries of foreign companies, ASX listed companies, local councils, government departments and government related entities, universities and SMEs.
Alan Hyam OAM
Alan was admitted to the NSW Bar in 1973 and retired from practice on 30 June 2018. He was the holder of an Australian Practice Certificate and practised in property law specialising in valuation and rent review matters. Alan is now designated as an Australian lawyer. During his practice at the Bar he undertook matters in several parts of Australia, and matters involving both legal and valuation principles. He was appointed as an arbitrator in major property disputes. Alan was often required to undertake valuations of a complex or unusual nature. Alan was awarded the Medal of the Order of Australia (OAM) in 1993 for services to local government and the community, having served as an Alderman of Parramatta City Council for 27 years, Mayor for six terms and Lord Mayor for three terms.
Denis Hall
Denis is a Director and Head of the Property division at Madison Marcus Law Firm which comprises Real Estate and Developments, Leasing and Private clients. Denis acts for local and international property developers and clients on all types of property transactions. Denis acts for private clients on one-off transactions such as sale and purchases of all types of real estate, including Torrens, strata and community title and dealing with houses, apartments, industrial and commercial offices. Denis has extensive knowledge and experience in relation to leases, acting for landlords and tenants on matters.
Alicia Albury
Alicia specialises in all aspects of commercial property transactions, including property-related restructuring, turnaround and insolvency matters and energy and resources land tenure issues. Alicia is highly experienced in acquisitions and disposals of real estate, regularly advising developers, owners, fund managers, investors and government authorities on industrial, commercial, retail and hotel acquisitions, disposals and development, large scale residential and ‘mixed use’ developments, industrial, commercial and ‘anchor tenant’ retail leasing, property management, joint venture and co-ownership arrangements and major infrastructure projects. Alicia has acted for a range of clients across the public and private sector.
Tara Linn
Tara is a leading senior associate within the MinterEllison Real Estate practice. Tara works across many facets of the real estate practice with a specialty is leasing. She deals in complex and high volume real estate transactions spanning the development, sale and purchase of leasing portfolios for commercial, industrial, and retail assets. She acts for many of Australia's leading landlords and tenants on volume leasing work on national property portfolios and has acted on asset management agreements and capital transactions including acquisitions, disposals, due diligence and volume retirement living conveyancing.
Maria Tsakirios
Maria is a Senior Associate specialising in property and leasing (commercial, industrial and retail) disputes. Maria has acted for a number of publicly listed and national corporations including shopping centre owners, managers and also for property developers. She is an experienced litigator, with particular experience in property and development and leasing litigation and commercial litigation, including contract law and competition and consumer law. She also practices widely in all forms of dispute resolution including mediations, arbitrations and commercial settlement conferences. Maria's approach to resolving disputes is practical and commercial.
George Thomakos
George is an Associate specialising in residential property development disputes and retail, commercial and industrial leasing disputes. George has experience in both transactional and dispute related property matters. He has a great understanding of his client’s businesses, which allows him to cater specific solutions to his clients. George is a pragmatic litigator, with particular experience in development and leasing litigation, however also has experience in general commercial litigation, including contract law, debt recovery, and competition and consumer law. George also practices widely in all forms of dispute resolution including mediations, arbitrations and commercial settlement conferences.
Suzanne Rizk
Suzanne is a Senior Associate in the property team at Maddocks, working closely with Alicia Albury. Suzanne has been practising as a property lawyer for 10 years with a focus on major commercial leasing, property development, land access agreements and sale contracts. Suzanne has acted on a variety of property matters including industrial, retail and commercial leasing, property acquisitions and disposals (including distressed asset sales), property-related insolvency matters and energy and resources land tenure issues. Suzanne prides herself on her approachable and down to earth nature, and her excellent communication skills. Suzanne is always looking for the most efficient and effective way to manage her projects, and is committed to achieving commercial outcomes for her clients.
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
- Train Stations - Wynyard 400m OR Martin Place 500m
- Bus Interchange - Clarence Street 450m
- Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates