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. WEB2111W09
Description
Attend and earn 3 CPD points including:
2 units in Competency Area 4: Substantive Law
1 unit in Competency Area 2: Professional Skills
This program is based on WA 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 Max Cameron, Partner, MinterEllison; Member, Editorial Board of the Australian Property Law Newsletter, Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
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 Emily Chappelow, Senior Associate, MinterEllison
3.35pm to 3.45pm Understanding Security & Guarantees
- Bank guarantees
- Security deposits
- Personal / corporate guarantees
Presented by Kieran McAlpine, Senior Associate, 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
- Renewals / options
- Dealing with an insolvent Tenant
- Ipso facto clause
Presented by Emily Chappelow, Senior Associate, MinterEllison
4.30pm to 5.00pm RETAIL LEGISLATION AND RETAIL TENANCIES
- Application
- Key provisions
- Tips and tricks
Presented by Sarah Moore, Senior Associate, MinterEllison
5.00pm to 5.15pm OTHER DOCUMENTS: KEY FEATURES
- Assignments / Novations
- Surrenders
- Licences
- Subleases
Presented by Max Cameron, Partner, MinterEllison; Member, Editorial Board of the Australian Property Law Newsletter, Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
Workshop Presenters
Max Cameron, Partner, MinterEllison; Member, Editorial Board of the Australian Property Law Newsletter; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020
Sarah Moore, Senior Associate, MinterEllison
Jordan Engwerda, Senior Associate, Real Estate, MinterEllison
Kieran McAlpine, Senior Associate, MinterEllison
Ora-Tali Korbl, Senior Associate, MinterEllison
Emily Chappelow, Senior Associate, 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."
Emily Chappelow
Emily Chappelow is a senior associate in the Litigation team at MinterEllison in Perth, Western Australia. Emily has carriage of matters in all Western Australian courts and the State Administrative Tribunal, and have appeared in the Supreme Court of Western Australia, the District Court of Western Australia, the Magistrates Court of Western Australia, the State Administrative Tribunal and at the Inquiry into the City of Perth. Emily has been involved in advising large corporations and financial institutions on a wide range of issues, including contractual, property and leasing disputes, intellectual property disputes, construction disputes, mining disputes, debt recovery and security enforcement, banking and financial legal services and insolvency.
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.
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'.
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.
Sarah Moore
Sarah Moore is a senior associate at MinterEllison. Sarah deals with a range of property and commercial matters with a particular interest in due diligence, site acquisition and disposal, ground and development leasing and industrial, commercial and retail leasing. Sarah acts for a broad range of clients including developers, government clients, landlords and institutional investors. Sarah has advised in respect of numerous property acquisitions (including shopping centres, hotels, office buildings, agricultural acquisitions and industrial sites) and is experienced in conducting and advising in relation to due diligence enquiries and advising in relation to compliance with statutory regimes (including the Retail Shops Act and the Strata Titles Act).