Retail and Commercial Leasing Review
213V07: The legal issues impacting the leasing sector are evolving and you must keep up with the latest developments and strategies to succeed. Learn what you need to know about the hottest new cases, new disclosure requirements, landlord & tenant Rights in multi-lot developments, leasing disputes, assignment and surrender, new risks emerging in the current market, and more.
Description
Attend the full day and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Leasing Developments, Drafting and Special Conditions
Chair: Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
Professional Skills
9.00am to 10.00am Setting the Table in Unusual Times: Retail and Commercial Leasing Market Snapshot
- Insights into current unprecedented 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
10.00am to 11.00am Changes to Victorian Retail Leases
- Retail Leases Amendment Act 2020
- Essential Safety Measures
- New disclosure requirements
- Market rent review
- Verraty v Richmond Football Club – late exit from Retail Legislation
Presented by Richard Skopal, Partner, DWF (Australia); Best Lawyers 2020, Leasing Law and Real Property Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm What’s Happening in Leasing: Pertinent Issues and Special Conditions
- ‘Pandemic clauses’ in leases
- Rent abatement clauses in leases
- End of trip facilities in commercial leases
- ‘Gross rent’ clauses in retail leases
Prepared by Kieran McAlpine, Senior Associate, MinterEllison and Presented by Max Cameron, Partner, MinterEllison
12.15pm to 1.15pm Landlord & Tenant Rights in Multi-Lot Developments (Affected by Owners Corporations)
- What it means to the retail landlord & tenant if the premises if affected by an owners corporation
- Rights of retail landlords and tenants in relation to the owners corporation
- List to consider when negotiating the lease
- Clauses to include and or consider in the lease
Presented by Rochelle Castro, Principal, RC & CO Lawyers
Session 2
Leasing Disputes: Prevention and Resolution
Chair: Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
2.00pm to 3.00pm Strategies for Navigating Leasing Disputes
- General strategies for avoiding and managing lease defaults
- Warning signs and important principles
- Lease termination
- Dealing with insolvency practitioners
- Tenant restructuring
- Impact of COVID-19 measures
Prepared by David Dickens, Partner, Hall & Wilcox
3.00pm to 4.00pm Giving a Tenant Notice: Refurbishment, Redevelopment and Demolition
- Drafting for refurbishment and demolition
- Negotiating an exit with the tenant
- Obligations in relation to relocation of a tenant under the Retail Leases Act
Presented by Luke Virgona, Barrister, Greens List
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Divesting Leasehold Interests During the Term
- Issues for landlords and tenants where a tenant is seeking an early exit from lease obligations
- Issues to consider for subleases, assignment and surrender
- The right to sublease/assign/surrender
- Practical considerations for landlords and tenants
- Documenting arrangements
Presented by Samantha Taylor, Special Counsel, Russell Kennedy Lawyers
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. Max is the co-author of the MinterEllison publication 'Retail Tenancy Legislation Compendium', a comparative publication which details the retail legislation in each of the eight Australian jurisdictions and which is often referred to as the 'leasing bible of retail'.
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.
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.
Rochelle Castro
Rochelle is the principal of RC & Co Lawyers, an international and specialised boutique law firm with branches in Melbourne, Perth and Makati Philippines. She practices in the areas of strata, construction, property, litigation, insolvency and immigration. Rochelle is also a trainer of Strata Community Association providing strata education in all States in Australia and New Zealand. She also presents to a number of private companies of the commercial and strata sphere. She is a founding member of Club United Business Melbourne and is currently undertaking Masters in Construction Law at Melbourne University.
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.
Luke Virgona
Luke practices in a wide range of commercial litigation, with a particular focus on property law. Before joining the Bar, Luke was the Senior Associate to the Honourable Justice Croft of the Supreme Court of Victoria, where he worked on a variety of commercial matters, including the Great Southern class action. Luke has extensive practical commercial experience, having owned and operated a successful food retail business in South Melbourne for eight years, several of those while completing his Bachelor of Laws at Monash University. Luke is a co-author, with Justice Croft and Robert Hay QC, in the following publications: Croft, Hay and Virgona, Commercial Tenancy Law, Croft, Hay, Virgona, Retail Leases Victoria, (loose-leaf service).
Samantha Taylor
Samantha has experience in a variety of commercial property transactions including sales and acquisitions and commercial leasing. Samantha advises both landlord and tenant clients in all aspects of leasing transactions, across all Australian jurisdictions. In addition to her leasing work, Samantha advises clients in respect of commercial sales and acquisitions, including preparing and reviewing transaction documents. Samantha has broad commercial knowledge, having lectured in Commercial Law and Corporations Law at Monash Business School and Corporations Law at Melbourne Law School.
Kieran McAlpine
Kieran is a Senior Associate in the Real Estate Group at MinterEllison and specialises in retail, office and industrial leasing. Kieran currently manages the retail leasing portfolio for Lendlease in Victoria and Western Australia as well as the commercial and industrial leasing portfolios for Lendlease in Victoria. He also anchors the provision of legal services to AMP and GPT for commercial and industrial leasing in the Melbourne office, together with a Special Counsel. In 2020 Kieran was selected for inclusion on the Doyle's Guide Property & Real Estate Rising Stars – Australia. Kieran is admitted to practice law in New Zealand, having commenced his legal career there, and has also worked as a property lawyer in the United Kingdom.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court