Retail and Commercial Leasing: Hot Topics
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, market changes, major legislative amendments, forfeiture of leases. relief against forfeiture, the assignment of leases from a tenant and a landlord’s perspective, and more. WEB216V03
Description
Attend and earn 4 CPD units including:
3.5 CPD units in Substantive Law
0.5 CPD units in Professional Skills
This program is based on VIC Legislation
Chair: Norman Mermelstein, Director, Law Ink Pty Ltd
Professional Skills
9.00am to 9.30am 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
9.30am to 10.15am Critical Recent Leasing Cases 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.
Presented by Robert Hay KC, Greens List
10.15am to 11.00am Major Legislative Changes and Amendments
- Analysis and update on the implementation of major amendments to the Retail Leases Act 2003
- Current status
- Key points you need to consider
Presented by Samantha Taylor, Special Counsel, Russell Kennedy Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Forfeiture of Leases and Relief Against Forfeiture
What you need to know in relation to forfeiture of leases, relief against forfeiture (including in the context of COVID-19), and practical tips for dealing with a forfeiture application.
Presented by Kieran Hickie, Barrister, Young’s List; co-author, Australian Commercial Arbitration, LexisNexis
12.15pm to 1.15pm The Assignments of Retail Leases from both the Landlord and Tenant Perspectives
- A review of what should be included in assignment clauses
- How to deal with institutional landlords on assignments
- Dealing with requests to assign to unacceptable tenants
- When you can refuse consent?
Presented by Peter Mitchell, Partner, MinterEllison; Leading Property & Real Estate Lawyer and Recommended Leasing Lawyer, Doyle’s Guide 2020 and Elena Komis, Senior Associate, MinterEllison and Snezana Kasabasic, Associate, MinterEllison
Presenters
Norman Mermelstein
Norman comes from a science and medical research background. Training as a PhD student in immunology had taught him to be precise and diligent. After winning a 7-year legal battle related to a fraudulent property transaction at the High Court, Norman came to the realisation of his passion in justice and became a solicitor specialising in owners corporation laws, property laws, wills and estates and commercial leases. Norman is widely recognised in the real estate and law community. He isn now a Committee Member at the Owners Corporations Chapter and Members Council of the Real Estate Institute of Victoria, a fellow member of the Real Estate Institute of Australia, a Committee Member of various Committees at the Law Institute of Victoria.
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.
Robert Hay KC
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.
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 Hickie
Kieran Hickie is an experienced junior barrister with a wide ranging commercial litigation and dispute resolution practice. His areas of practice include complex commercial and corporations disputes, insolvency and bankruptcy, consumer law, property, construction, insurance, employment and regulatory proceedings. Kieran also practices in international and domestic arbitration, and is a co-author of Australian Commercial Arbitration (LexisNexis Butterworths). Prior to coming to the bar, Kieran was the Senior Associate to the Honourable Justice Croft in the Supreme Court of Victoria. He also practiced as a solicitor (associate) in a broad range of litigation and property matters at Gadens
Peter Mitchell
Peter is a partner in MinterEllison's property group and one of the firm’s national business unit leaders. He advises many of the firm’s longstanding developer, investor, owner and tenant clients on the full spectrum of real estate law with experience in a broad range of legal property issues including leasing (including both volume leasing work on national property portfolios and major one-off leases);capital transactions (including acquisitions, disposals, leasebacks, due diligence and volume conveyancing); property developments; asset management strategies; and retirement living. Peter has co-written articles on retail tenancy law for the Australian Property Law Bulletin and presented to a number of organisations including Legalwise Seminars and the Property Council of Australia in respect of tenancy law.
Elena Komis
Elena is a Lawyer within the MinterEllison Real Estate, Environment & Planning Group, based in Melbourne. She specialises in lease arrangements for retail, commercial and industrial premises; community living stream conveyancing; and is involved in acquisitions, disposals and property development. Elena has worked in the property industry for the past ten years. Career highlights include extensive and continued work on QIC's A$665 million redevelopment of Eastland shopping centre in Ringwood and acting for both landlords and tenants in relation to leases and licences. Elena provides regular advice to organisations such as Dexus, Lendlease, QIC, Brookfield and Goodman Group.
Snezana Kasabasic
Snezana is a lawyer in the Infrastructure, Construction and Property group at MinterEllison, specialising in all areas of property law. Snezana has practiced in the real estate industry for the past nine years, having worked both in-house and in private practice prior to transferring to MinterEllison. Snezana has acted for various developers, owners, purchasers, landlords and tenants and has advised clients in respect of capital transactions (including acquisitions, disposals, leasebacks, due diligences, volume conveyancing), leasing arrangements (including commercial, office, retail and industrial) and property development.