Retail & Commercial Leasing: Issues & Disputes in the Current Market

Navigate the many recent & ongoing changes impacting retail & commercial leasing by staying on top of the latest legal issues while bolstering your dispute strategies. Gain knowledge in subleases & assignments, agreements for lease, make good provisions & insolvency issues. Develop essential skills for successfully navigating breach issues, dispute resolution and mediation from industry experts, including a VSB Panel Mediator’s perspective, as they prepare you for the next hurdle thrown at you. WEB2111V06

Description

Attend the full day and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills

This program is based on VIC legislation

Session 1

Leasing Updates, Drafting, Assignment & Financial Issues 

Chair: Norman Mermelstein, Director, Law Ink Pty Ltd

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am Critical Case Update

Examine some of the key cases in retail and commercial leasing with the renowned Sam Hopper as he breaks down the facts of each case and the crucial takeaways you can add to your leasing knowledge base and repertoire.
Presented by Brenton Devanny, Barrister, Foley’s List

9.50am to 10.35am A Guide to Agreements for Lease

  • Understanding heads of agreement 
  • Examining enforcement
  • When should they be used?
  • Practical tips on what to avoid

Presented by Robert Hay KC, Barrister, Dawson Chambers

10.35am to 10.50am Morning Tea 

10.50am to 11.35am Subleases and Assignments: a Practical Primer

  • Considerations from a landlord and tenant perspective
  • Relevant cases and legislation
  • Practical tips for practitioners

Presented by Samantha Taylor, Principal, Russel Kennedy Lawyers

Professional Skills
11.35am to 12.20pm THE ACCOUNTING PERSPECTIVE: Retail & Commercial Leasing: The Accounting Implications

  • Examine key accounting requirements for leasing
  • Overview of lease term considerations
  • Discuss payment options and the impact on accounting
  • The impact of modifying terms including for COVID related rent concessions
  • The accounting for make good provisions

Presented by Patricia Stebbens, Partner and Daina Klunder, Director, KPMG

12.20pm to 1.05pm Insolvency Issues in Leasing

  • Effect on leases of external administration
  • Ipso facto clauses in leases
  • Security deposits and bank guarantees
  • Claims by liquidators and defenses to claims

Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist in Commercial Tenancy Law

1.05pm to 1.15pm Final Q&A and Closing Comments from the Chair

Session 2

Leasing Disputes: Prevention and Resolution

Chair: Jane Baddeley, Partner, Hall & Wilcox

2.00pm to 2.50pm Strategies for Dealing with Breach Issues

  • Breach of landlord obligations
  • Breaches of legislative obligations
  • Correctly identifying relevant breaches
  • Notice of default requirements: contents of notice, provisions of lease and Section 146
  • Breaches not capable of remedy
  • Calculation of damages
  • Relief from forfeiture

Presented by Paul Nunan, Director, Eastern Bridge PTY Limited  

2.50pm to 3.40pm Navigating Leasing Disputes: Tactics & Best Practices

  • General strategies for avoiding and managing lease defaults
  • Warning signs and important principles
  • Lease termination
  • Tenant restructuring

Presented by David Dickens, Partner, Hall & Wilcox  

3.40pm to 3.55pm Afternoon Tea

Professional Skills
3.55pm to 4.40pm Dispute Resolution: A Mediator’s Perspective

  • Dispute resolution for retail and commercial leases 
  • Mediation: insights and practical tips
  • Good faith negotiations
  • Closing the gap
  • Dealing with high conflict personalities

Presented by Anna McRae-Anderson, Principal, McRae-Anderson Mediation, Accredited Specialist in Mediation, Panel Mediator, Victorian Small Business Commission

4.40pm to 5.15pm PRACTICAL PANEL DISCUSSION: Panel Discussion: Answers to the Questions that Matter Most

  • What are some mistakes practitioners make and how can they be avoided?
  • Best techniques and strategies seen during a dispute that have led to success
  • Dealing with uncooperative sides when carrying out dispute resolution
  • Common mistakes often seen in disputes

Presented by Paul Nunan, Director, Eastern Bridge PTY Limited, David Dickens, Partner, Hall & Wilcox, Anna McRae-Anderson, Principal, McRae-Anderson Mediation, Accredited Specialist in Mediation, Panel Mediator, Victorian Small Business Commission

Presenters

Norman Mermelstein
Norman is the principal of Law Ink Pty Ltd, and Property Investment Services Pty Ltd, an REIV accredited Owners Corporations Specialist, and for the past 14 years, co-author of the Owners Corporations Chapter of the Fitzroy Legal Service’s Law Handbook. After winning a 7-year legal battle in the High Court of Australia related to a fraudulent property transaction, Norman realised his passion in justice and became a solicitor specialising in owners corporations law, property law, wills and estates and commercial leases. Norman is widely recognised in the real estate and legal community. He is a Committee Member of the Owners Corporations Chapter and Members Council delegate of the Real Estate Institute of Victoria (REIV), a fellow of the Real Estate Institute of Australia, an accredited mediator and serves on three Committees at the Law Institute of Victoria.

Brenton Devanny
Brenton Devanny has a broad commercial practice. He has a focus on insolvency, banking and finance, commercial arbitration and corporations law. Brenton appears both unled and as a junior. He is a market leader in high-tech legal conferencing and remote appearances with state-of-the-art chambers in Melbourne.  He often appears remotely throughout Australia and beyond. Brenton holds a Master of Laws from the University of Melbourne (with a focus on International Insolvency and Arbitration) as well as a Bachelor of Laws (with Honours) and a Bachelor of Commerce. 

Jane Baddeley
Jane has been a practising solicitor for over 20 years specialising in Real Estate law with a focus on leasing in the commercial, retail, industrial, education and government sectors in all Australian jurisdictions. Jane has a focus on corporate occupier work; acting for commercial tenants in major lease transactions including head office relocations, purpose built industrial premises, distribution centres and data centres. Jane is a long-standing member of both the Victorian Commercial & Corporate Real Estate Committee of the Property Council of Australia and the Law Council of Australia’s Australian Law Property Law Group, Victorian Committee.

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.

Robert Hay KC
Robert Hay KC 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. 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. Robert has co-author the following leading texts - Bradbrook, Croft and Hay Commercial Tenancy Law (4 ed, LexisNexis); Croft and Hay The Mortgagee's Power of Sale (4th ed, LexisNexis); Croft and Hay Retail Leases Victoria (looseleaf)(LexisNexis). Before becoming a barrister he was a cadet journalist with "The Mercury" newspaper in Hobart and a solicitor at Arthur Robinson & Hedderwicks in Melbourne (now Allens) (1987 - 1992).

Patricia Stebbens
Patricia is a senior partner with more than 15 years’ experience providing technical accounting and advisory services. She is one of KPMG's leading professionals in the area of accounting for structured transactions and financial instruments. Her clients include large financial services and industrial entities. Patricia is responsible for identifying and resolving interpretative issues arising from the application of accounting standards on financial instruments and leases, including the newly issued AASB. She will be able to share insights on international and local interpretations and market practice gained from her experience. Prior to taking this position at KPMG, Patricia was a Senior Project Director at the Australian Accounting Standards Board (AASB) where she worked with board members of the US Financial Accounting Standards Board, International Accounting Standards Board and the Canadian Institute of Chartered Accountants on major projects.

Daina Klunder
Daina Klunder is Director of CFO Advisory, KPMG. Daina devotes her time to accounting change projects and the adoption of new accounting standards, and technical issues which include leasing, business combinations and revenue recognition. She focuses on a broad variety of multinational, globally listed companies within the retail, food and beverage, manufacturing, consumer markets and education industries. She is a member of the KPMG Leasing and IFRS network. Prior to re-joining KPMG Australia in early 2017, Daina was a Director within KPMG's New York Accounting Advisory Services team where she led a number of accounting change projects, and international buy side and integration projects related to convergence between IFRS and US GAAP.

Rochelle Castro
Rochelle is the principal of RC & Co Lawyers, an international and specialised boutique law firm with branches in Melbourne, Perth and Makati Philippines. She practices in the areas of strata, construction, property, litigation, insolvency and immigration. Rochelle is also a trainer of Strata Community Association providing strata education in all States in Australia and New Zealand. She also presents to a number of private companies of the commercial and strata sphere. She is a founding member of Club United Business Melbourne and is currently undertaking Masters in Construction Law at Melbourne University.

Jamie Bedelis, Principal, Bedelis Lawyers
Jamie Bedelis is the principal of Bedelis Lawyers, a property law and commercial law firm. He is accredited by the Law Institute of Victoria as a specialist in Commercial Tenancy Law, and practices in the areas of property and commercial law. He is a co-author of the Thomson Reuters loose leaf service Commercial and Retail Leasing in Australia. He is a member of the Leases Committee and the Property and Environmental Law Executive Committee of the Law Institute of Victoria.

David Dickens
David is a Partner in the commercial disputes resolution group at Hall & Wilcox. David frequently advises on property disputes, acting for national landlords, significant tenants, investors and developers in real estate disputes. As a commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, trusts, misleading and deceptive conduct and regulatory obligations. He has appeared in the Supreme Court of Victoria, the Federal Court and VCAT and represents clients in mediations and arbitrations.

Anna McRae-Anderson
Anna has over 20 years commercial dispute resolution experience, is a nationally accredited mediator and Australian Legal Practitioner with Law Institute of Victoria accredited specialisation in mediation. Prior to becoming a mediator, Anna worked as a commercial litigator representing parties in all manner of commercial disputes across all jurisdictions, providing Anna with vivid insight into the challenges faced by participants in our legal system as well as the many benefits of mediation in dispute resolution. Anna brings to her mediations her compassion for those in dispute, specialist skills in negotiation and facilitation, an understanding of creative and commercial solutions, as well as her vast understanding of the law, court processes and strategies.

Paul Nunan
Paul has been a director of Eastern Bridge for over ten years. Paul is a property and commercial lawyer and is recognised and accredited by the Law Institute of Victoria as a specialist commercial leasing lawyer.

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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