Retail and Commercial Leasing Fundamentals Workshop
This unique workshop is ideal for lawyers, lease administrators, managers, conveyancers, in-house counsel and property professionals who want a practical guided tour of the essential elements of leasing. Master effectively navigating the lease process, rent reviews, market incentives, outgoings, maintenance, assignment relocation/demolition, insurance, indemnities, default, bank guarantees, legislation, subleasing, licenses, surrenders and more. WEB216V08
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC Legislation
2.00pm to 2.20pm Understanding the Lease Process
- What is a lease? (and the relationships and motivations between the parties)
- Key elements of a lease
- Leasing process from commercial agreement to document execution
- Heads of agreement – binding or otherwise
Managing the Lease Content
2.20pm to 2.40pm Financial
- Types of review
- Face v effective rents
- Market incentives
- Outgoings
2.40pm to 3.00pm Works and Obligations
- Maintenance
- Trading/business operation
- Assignment
- Relocation/demolition
3.00pm to 3.20pm Insurance and Indemnities
- Insurances
- Insurances the tenant is responsible for
- Insurances the landlord is responsible for
- Commercial comment: global policies, brokers
- Indemnities
- Indemnities vs. releases
- Tenant indemnities
- Landlord indemnities
- Exclusions and limitations
3.20pm to 3.35pm Default
- Default provisions in the Lease
- Notice requirements under the Lease and the Property Law Act 1958 (Vic)
- General strategies for avoiding and managing defaults
- COVID-19
3.35pm to 3.45pm Understanding Security & Guarantees
- Bank guarantees
- Security deposits
- Personal / corporate guarantees
3.45pm to 4.00pm Afternoon Tea
4.00pm to 4.30pm Default and Dispute Scenarios
- During the term of the Lease
- non payment of rent, outgoings and other monies
- usage and disturbance issues
- general claims by the tenant
- Towards or at the end of the Lease
- make good
- renewals / options
- Dealing with an insolvent Tenant
- ipso facto clause
4.30pm to 5.00pm Retail Legislation and Retail Tenancies
- Application
- Key provisions
- Tips and tricks
5.00pm to 5.15pm Other Documents: Key Features
- Assignments / Novations
- Surrenders
- Licences
- Subleases
Workshop Presenters
Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
Jennifer McConvill, Special Counsel, Real Estate, MinterEllison
Jordan Engwerda, Senior Associate, Real Estate, MinterEllison
Kieran McAlpine, Senior Associate, MinterEllison
Ora-Tali Korbl, Senior Associate, Infrastructure, Construction and Planning, MinterEllison
Kristen Giansalvo, Senior Associate, Dispute Resolution, MinterEllison
Presenters
Ora-Tali Korbl
"Within Minter Ellison’s Infrastructure, Construction and Planning business unit, I specialise in high-volume commercial and retail leasing, servicing many of Australia's leading landlords and tenants. Prominent clients include ANZ Banking Group, CBA, Charter Hall, Coles Group, DEXUS, GPT Group, QIC, Pacific Group, Westpac and Vicinity Centres. I regularly draft, review and negotiate documentation in relation to my clients’ significant national leasing portfolios, including agreements for lease, leases, deeds of renewal and variation, deeds of assignment and terminations of lease. I am also responsible for precedent and client relationship management. I take a practical and personal approach to ensure I deliver purposeful, commercial outcomes tailored to my clients' particular needs. I'm all about organisation, levelheadedness and efficiency."
Jordan Engwerda
Jordan is a Senior Associate in our Real Estate Group and specialises in retail and office leasing. Jordan manages leasing portfolios for a number of prominent landlord clients including Dexus, Vicinity Centres, Charter Hall, The Pacific Group of Companies, QIC, Woolworths and Lendlease. Jordan has co-written articles for the Australian Property Law Bulletin, provides advice on the retail legislation across various jurisdictions in Australia and regularly presents at seminars for the Property Council of Australia. Jordan was also a finalist in the Victorian Young Property Lawyer of the Year Award in 2019 and 2020.
Jennifer McConvill
Jennifer is a Special Counsel in the Real Estate Group at Minter Ellison and has worked for the firm for over 20 years. She has particular expertise in the areas of commercial, industrial and retail leasing and management. Jennifer is an expert in retail tenancies law. She has given more than fifty presentations and has published numerous journal articles concerning retail tenancy law. Jennifer has also been involved in settling precedent documentation for a large number of clients and preparing numerous advices regarding tenancy issues. Jennifer worked for a time in Minter Ellison's Hong Kong office.
Max Cameron
Max Cameron 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. Max's expertise is widely recognised as leading in independent legal directories including Chambers, Best Lawyers and Doyles Guide and has been recognised as one of Australia's preeminent Real Estate lawyers. 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'.
Kristen Giansalvo
Kristen Giansalvo is a Senior Associate in the Dispute Resolution group at MinterEllison. He has extensive experience in leasing and property disputes, and general commercial litigation. He has acted for many of Australia's leading landlords and tenants in a broad range of commercial, property and leasing dispute matters. He has particular expertise in managing, and dealing with, lease disputes and regularly advises, and appears for, clients in relation to matters before the Victorian Small Business Commissioner (SBC) and the Victorian Civil and Administrative Tribunal (VCAT). He regularly advises clients in relation to strategies to avoid and manage tenant defaults, tenant insolvency and claims by both landlords and tenants. He also regularly advises clients (both landlords and tenants) in relation to the Victorian Commercial Tenancy Relief Scheme - COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Vic)
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.