Retail and Commercial Leasing Fundamentals
Spend the morning in this comprehensive guide to leasing by examining the most important fundamental issues in leasing law including drafting leases, dealing with options and managing risk in the lease. Hear about essential legislation and critical recent cases. Then stay on for the afternoon & delve into the essentials in leasing disputes matters including termination, the appointment of external administrators and dispute resoloution. 216N32
Description
Attend and earn 7 CPD units including:
6.5 CPD units in Substantive Law
0.5 CPD units in Professional Skills
This program is based on NSW Legislation
Session 1
Leasing Fundamentals and Current Concerns
Chair: Julie Levis, Consultant, Clayton Utz; Preeminent Leasing and Preeminent Property & Real Estate Lawyer, Doyle’s Guide 2020
9.00am to 9.50am Critical Recent Leasing Cases and Legislation You Need to Know
Analyse the latest leasing cases, including the key facts in each, the important takeaways, and the potential impact on your clients and your practice as well as a dive into major new legislation.
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation, and Land Acquisition 7th Edition, LexisNexis; Recommended Leasing Lawyer, Doyle’s Guide 2020
9.50am to 10.45am Drafting Issues in Leases
- Heads of Agreement
- The documents
- How the Courts approach problems in drafting
Presented by Stephen Pallavicini, Partner, Eakin McCaffery Cox; Accredited Specialist in Property Law
10.45am to 11.35am Options and Leases
- How they work
- Conditions on exercise of option
- Traps and pitfalls
Presented by Ratnadeep Hor, Partner and Julian Olley, Partner, Turks Legal
11.35am to 11.50am Morning Tea
11.50am to 12.45pm Managing Risks in Leasing Transactions and Lease Management Following Covid-19
- New and emerging risks: a landlord’s and tenant’s perspective
- A new paradigm of risk management in leasing matters
- Examination of the lessons learnt during the pandemic in leasing transactions and lease management
Presented by Dannelle Howley, Partner, Squire Patton Boggs
Professional Skills
12.45pm to 1.15pm The State of the Leasing Market
- 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
Presented by James Melville, Economic and Forecasting Manager, CBRE
Session 2
Leasing Disputes and Termination
Chair: David Mackay, Barrister, PG Hely Chambers
2.00pm to 3.00pm Dispute Resolution in Leasing
- Types of disputes that typically arise in leasing
- Options for dispute resolution processes
- How to avoid end of lease disputes
- How to prepare for settlement negotiations
- Drafting effective settlement agreements regarding disputes
Presented by Bede Haines, Partner and Sam Darwish, Lawyer, Holding Redlich
3.00pm to 4.00pm Termination for Breach and Surrender by Agreement
- Pre-agreed break and relocation clauses
- Negotiating a surrender of lease
- Make good arrangements on early break arrangements or surrenders
- How is a termination for breach effected
- Damages and relief against forfeiture
Presented by Sebastian Busa, Partner, Baker McKenzie; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Appointment of External Administrators to a Tenant
- How that affects your lease
- What a landlord should and should not do, on both a legal and commercial basis
Presented by Catherine Hallgath, Partner, Mills Oakley; Accredited Specialist in Property Law; Leading Leasing and Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020
Presenters
Julie Levis
Julie practises in commercial property law, with particular expertise in structured development projects, joint venturing, financing, leasing and property development. She is highly regarded for her negotiating skills, creative commercial solutions and commitment to client service and meeting time constraints. Julie's property experience is diverse, having acted for corporate and prominent property developers as well as government on some of Australia's biggest real estate projects. Her property development work involves site acquisition and amalgamation, joint venture documentation, construction and project management work, anchor agreements for lease, ownership financing and dissolution of the joint venture on completion or sale
Gary Newton
Gary is a partner in the Property and Development Group of HWL Ebsworth Lawyers. He has been practising in the area of property law for over 35 years, providing advice on a wide range of matters to business, government and individuals. Gary holds a Bachelor of Laws degree from the University of Sydney and is an Accredited Specialist in Property Law, since 1994. He is the co-author of a book published in December 2017 called "Land Acquisition" 7th edition by Gary Newton and Christopher Conolly. Gary is also the co-author of a book "Real Property Law Case Summaries" Newton’s 4th edition and the co-author and the co-editor of the LexisNexis Butterworths NSW Conveyancing Service (loose-leaf).
Stephen Pallavicini
With many years’ experience in Sydney commercial law firms including Abbott Tout and as Senior Legal Counsel Commercial Property Stockland and Lead Lawyer / Senior Property Lawyer Woolworths Group, Stephen has a breadth and depth of knowledge in the commercial property field which is matched by few. His practice includes not only transactional and advice work. He has also resettled leasing and property base documents for both Stockland and Woolworths Group. Stephen’s extensive knowledge and experience in-house enables him to provide a unique practical perspective to commercial real estate transactions
Dannelle Howley
A leading lawyer with a strong commercial acumen, Danielle has acted on some of the largest acquisitions, developments and leasing projects in Australia and advises in relation to some of Australia’s most iconic assets. Dannelle is a real estate law specialist with a focus on complex, structured and large-scale transactions. Her expertise spans all segments of the real estate sector, acting for listed and unlisted property funds, private and government clients. Dannelle is known for both her technical legal expertise and commercial acumen, which is recognized by her clients and peers. She is at the forefront of the real estate sector in Australia and across Asia Pacific, and regularly presents at industry conferences and legal forums.
David Mackay
David was admitted as a solicitor of the Supreme Court of New South Wales in 1995 and was called to the Bar of New South Wales in 2007. He provides high quality, commercially-focused legal advice and regularly appears for and against companies, individuals, liquidators, administrators, receivers, creditors, employers and employees in various courts across the State, and before commissions of inquiry and statutory tribunals. He also appears on behalf of clients at mediations. David’s extensive experience as a barrister, combined with experience previously gained as senior associate at MinterEllison in its Commercial Litigation Department where he conducted significant litigation and provided complex legal advice, provides him with a solid foundation upon which to represent his clients and best serve their commercial and legal interests.
Bede Haines
Bede undertakes a diverse range of work including litigating and advising on property disputes, contractual disputes, trade practices and insolvency matters. His experience includes: representing and advising in respect of property disputes including over sale of land contracts, leases, easements, options, service of notices, contracts and property rights; advising property developers, superannuation funds, corporate trustees, large landholders and significant investors in respect of property rights and property disputes; developing strategy in respect of termination of contracts and bespoke contractual clauses to deal with matters which otherwise may often give rise to litigation; conducting a litigation in the Supreme Court, Federal Court, High Court and other courts and tribunals; providing advice in respect of trade practices issues, insolvency issues and debt issues including debt recovery.
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.
James Melville
James has covered commercial real estate across the office, retail and logistic sectors in both Australia and Europe. Recently, he has been focussing on how the broader economy impacts commercial real estate as the Australian head of forecasting. He has expertise in the development and interpretation of property sector performance metrics, macroeconomic modelling, and commercial real estate forecasting. He returned to Australia in 2020, before that he covered the real estate forecasts in 18 different countries, across three sectors. He is currently the economic forecasting manager within CBRE Research.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia