Leasing Fundamentals Workshop
This unique, detailed workshop provides a practical guided tour of the essential elements of leasing for junior practitioners & industry participants or those new to the area. Master how to navigate the lease process, rent reviews, market incentives, outgoings, maintenance, assignment relocation/demolition, insurance, indemnities, default, bank guarantees, legislation, subleasing, licenses, surrenders and more. Join pre-eminent leasing practitioners as they share their insights and strategies. WEB2111Q05
Description
Attend and earn 3 CPD units including:
2 units in Legal Knowledge
1 unit in Professional Skills
This program is based on QLD 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
Presented by Jordan Engwerda, Senior Associate, MinterEllison
MANAGING THE LEASE CONTENT
2.20pm to 2.40pm Financial Clauses
- Types of review
- Face vs effective rents
- Market incentives
- Outgoings
Presented by Kieran McAlpine, Senior Associate, MinterEllison
2.40pm to 3.00pm Works and Obligations
- Maintenance
- Trading/business operation
- Assignment
- Relocation/demolition
Presented by Peter Mitchell, Partner, MinterEllison
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
Presented by Ora-Tali Korbl, Senior Associate, MinterEllison
3.20pm to 3.35pm Default
- Default provisions in the Lease
- Notice requirements under the Lease and relevant legislation
- General strategies for avoiding and managing defaults
- COVID-19
Presented by Lynne Kozak, Special Counsel, MinterEllison
3.35pm to 3.45pm Understanding Security & Guarantees
- Bank guarantees
- Security deposits
- Personal / corporate guarantees
Presented by Lynne Kozak, Special Counsel, MinterEllison
3.45pm to 4.00pm Afternoon Tea
4.00pm to 4.30pm DEFAULT AND DISPUTE SCENARIOS
- During the term of the Lease
- Nonpayment 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
- Rrenewals / options
- Dealing with an insolvent Tenant
- Ipso facto clause
Presented by Lynne Kozak, Special Counsel, MinterEllison
4.30pm to 5.00pm RETAIL LEGISLATION AND RETAIL TENANCIES
- Application
- Key provisions
- Tips and tricks
Presented by Tanya Sciasci, Senior Associate, MinterEllison
5.00pm to 5.15pm OTHER DOCUMENTS: KEY FEATURES
- Assignments / Novations
- Surrenders
- Licences
- Subleases
Workshop Presenters:
Peter Mitchell, Partner, MinterEllison
Lynne Kozak, Special Counsel, MinterEllison
Jordan Engwerda, Senior Associate, Real Estate, MinterEllison
Kieran McAlpine, Senior Associate, MinterEllison
Ora-Tali Korbl, Senior Associate, MinterEllison
Tanya Sciasci, Senior Associate, MinterEllison
Presenters
Ora-Tali Korbl
Ora-Tali Korbl is a senior associate within Minter Ellison’s Infrastructure, Construction and Planning business unit. Ora-Tali specialises 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. Ora regularly drafts, reviews and negotiates documentation in relation to her clients’ significant national leasing portfolios, including agreements for lease, leases, deeds of renewal and variation, deeds of assignment and terminations of lease. Ora-Tali is also responsible for precedent and client relationship management. She takes a practical and personal approach to ensure I deliver purposeful, commercial outcomes tailored to her clients' particular needs.
Lynne Kozak
Lynne Kozak isSpecial Counsel at MinterEllison. Lynne has a reputation for delivering practical and commercial advice to clients. She enjoys partnering with clients to understand their businesses and objectives, which helps her to deliver efficient and bespoke solutions. Lynne provides assistance to a range of landlord and tenant clients to help them manage all aspects of their property-related matters, from compliance and disputes through to redevelopments, including preparation of statutory notices, responding to compensation and disturbance claims, disclosure obligations, and advising in respect of overall management strategies for projects.
Jordan Engwerda
Jordan Engwerda 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, 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 Legalwise and the Property Council of Australia. Jordan was awarded the Law Council of Australia’s Victorian Young Property Lawyer of the Year Award in 2021.
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. Kieran is a leading leasing lawyer, specialising in all facets of leasing with a focus on managing large retail shopping centre portfolios on behalf of institutional landlords as well as overseeing a strong cross-jurisdictional tenant practice nationally.
Tanya Sciasci
Tanya Sciasci is a Senior Associate at MinterEllison. Tanya’s commercial and pragmatic approach to lease negotiations focuses on building a long-term partnership between landlords and tenants, resulting in optimal outcomes for clients and the community. Tanya is known in the retail leasing space for streamlining leasing process by adopting innovative practices, technology and process improvement as well as championing the adoption of national plain-English leases. Tanya is currently a member of the Property Council's Retail Committee and regularly presents to her peers and the broader community on topical leasing issues on behalf of MinterEllison, Property Council of Australia Academy, Queensland Law Society and Legalwise.