Advanced Retail & Commercial Leasing
Issues facing the retail and commercial leasing sector are becoming increasingly complex. Stay on top of the latest legal developments and industry understandings. Let our industry experts guide you through critical issues including agreements for lease, sub-leases and licences, covid rental relief regulations, rental valuations and renewals. Examine the risks and opportunities in relation to tax and leasing and analyse key takeaways from recent case studies to apply to your practice. 2111N18
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Description
Attend and earn 3.5 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Anthony Herro, Principal Solicitor, Herro Solicitors; Recommended Leasing Lawyer, Doyle’s Guide 2021
1.45pm to 2.30pm Agreements for Lease: A Practical Overview & Analysis of Critical Issues & Drafting Tips
- Strategies for when and why to use an agreement for lease
- Key features and critical considerations
- Practical guide and drafting tips
Presented by Ratnadeep Hor, Partner and Julian Olley, Partner, Turks Legal
2.30pm to 3.15pm Sub-Leases and Licences, Make Good & Life After the End of COVID Rental Relief Regulations
- Examine issues and pitfalls with subletting leased space in the wake of COVID-19
- Analyse COVID regulations and common law in practice: what it means for you
- Discuss make good provisions: the good the bad and the ugly
- Drafting make good clauses and reviewing recent case law in the area of make good
Presented by Andrew Grima, Principal & Head of Property Team, Coleman Grieg Lawyers
3.15pm to 3.30pm Afternoon Tea
3.30pm to 4.00pm PRACTICAL CASE STUDY Leasing and Developments: Lessons from the Coalface
Delve into the insights learned and the practical takeaways gained from a firsthand experience with a situation involving the impact of a development on a retail leasing arrangement.
- Disclosure and representations
- Tips, tricks and trap falls to apply to your practice
Presented by Catherine Hallgath, Partner, Mills Oakley Lawyers; Accredited Specialist in Property Law; Leading Leasing and Recommended Property & Real Estate Lawyer, Doyle’s Guide 2021
4.00pm to 4.45pm Valuation in Leasing, Market Rent & Renewals
- Timing and initiation of market rent reviews: dealing with delay and failure to initiate review
- What to take into account when drafting or reviewing a market rent clause
- What happens when there are errors or mistakes in valuations
- Practical tips and solutions for successfully navigating the market
Presented by Alyssa Huynh, Practice Leader and Tuhina Mukhraiya, Practice Leader, LegalVision
4:45pm to 5:30pm Tax and Leasing: Opportunities and Risks
- The Plain Vanilla Base Case
- Lease incentives
- Lease breaks
- Compulsory acquisition
- Complex structures and tax avoidance
Presented by Michael Bersten, Barrister
Presenters
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.
Ratnadeep Hor
Ratnadeep (Dip) is a Partner in the Turks Commercial Disputes & Transactions team specialising in property and commercial law. Dip returned to TurksLegal as a Special Counsel in March 2017 and was promoted to Partner in July 2018 after several years as a Legal Counsel at Stockland Property Group. Dip has extensive experience in providing legal advice to various corporations and institution, including listed entities, large corporations (national and international), REITs, property developers, retailers, insolvency practitioners and lending institutions Dip, with his several years of in-house experience, brings a different perspective to legal solutions and provides client focused and practical advice efficiently and cost effectively.
Julian Olley
Julian is a Partner in the Turks Commercial Disputes and Transaction team specialising in all aspects of commercial real estate law. With over 25 years’ experience acting for private and listed clients and government agencies for a range of top tier legal firms. Julian has particular REIT expertise and handles complex real estate transactions providing whole-of-portfolio management and advisory services. Julian is known for his pragmatic and level headed approach, and his ability to achieve client desired outcomes within a complex legal framework, on time and within budget. Julian has been recognised in Best Lawyers in Australia since 2018, as a leading real property lawyer.
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.
Catherine Hallgath
Catherine Hallgath 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.
Alyssa Huynh
Alyssa is a Practice Leader in LegalVision’s Commercial Leasing team. She brings 15 years’ experience to her current role. Prior to joining LegalVision, Alyssa worked at several national law firms in Sydney and Melbourne, specialising in retail and commercial leasing. She has acted extensively for large corporate and national clients, government bodies and major property developers, advising on all aspects of their leasing and property requirements.
Tuhina Mukhraiya
Tuhina is a Practice Leader at LegalVision with a particular expertise in leasing and property. She assists clients in a variety of different industries and businesses, having a strong focus on understanding each client’s unique business and needs in order to provide both legally precise and pragmatic advice. Tuhina has experience working with a number of well-known national and international brands in managing their leasing portfolio. She also provides assistance with negotiating complex lease transactions with major landlords across all states, including advising tenant clients on their rights and obligations under various retail leasing legislation. She also has experience with assisting clients on commercial conveyancing transactions.
Michael Bersten
Michael Bersten has been in legal practice for 36 years and since 2018 has been pursuing his dream of being a Barrister. Michael specialises in tax and related corporate, commercial, trusts, equity and financial crime matters. Michael’s current clients comprise mainly business and private wealth clients. Michael is also Lecturer in Charge of Tax Planning and Tax Avoidance at the UNSW Business School ATAX Masters Program and is engaged by the ATO to provide training to its officers on the law of tax administration with Professor Robin Woellner. Michael is the NSW Deputy Chairman of the Law Council Tax Committee and a member of the Australian Bar Association tax committee.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)