Retail and Commercial Leasing Review

Ready yourself for the turmoil currently surrounding retail and commercial leases by attending this comprehensive leasing review. Develop an in-depth understanding across assignments for leases, less common transactions, and insolvency. Analyse the latest cases impacting your practice or organisation. Attend and acquire critical leasing skills in the current market including navigating agreements for lease, end-of-lease disputes and the risk of overusing precedents. 223N25

Description

Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills

This program is based on NSW legislation

Session 1

Current Leasing Concerns

Chair: Amy Southwell, Partner, MinterEllison

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am Pre-lease Success: Heads of Agreements, Disclosure and Due Diligence

  • Successful heads of agreement for lease
  • When do parties become bound by the heads of agreement?
  • The landlord’s disclosure obligations
  • The tenant’s due diligence
  • Entry into possession and registration

Presented by Steven Askew, Special Counsel, HWL Ebsworth

9.50am to 10.35am Leasing and Insolvency 

  • Major issues in insolvency
  • What to expect in the year ahead
  • Key considerations from both tenant and landlord perspectives on the insolvency of a counterparty
  • Critical first steps on the insolvency of a counterparty
  • Tips and tricks for dealing with insolvency disputes

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

10.35am to 10.50am Morning Tea

10.50am to 11.35am Assignment of Leases: The Practical Issues in 2022

Examine the transfer of the rights and obligations of the parties, from both the landlord and tenant perspective, in the context of:

  • A stand alone transaction
  • A sale of business
  • Exercise of enforcement rights by a tenant’s financer following default under the tenant’s financing arrangement
  • Sale of the freehold by the landlord

Presented by Alicia Albury, Partner, Maddocks; Leading Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2021 and Jonina Neale, Associate, Maddocks

11.35am to 12.20pm Less Common Transactions Involving Leases in the Current Market

  • Subleases
  • Mortgages over leases
  • Concurrent leases

Presented by Tracy Carr, Senior Associate, Ashurst

12.20pm to 1.05pm Critical Case Updates: COVID-19, Unsigned Leases and Make Good

  • Recent cases regarding rental relief in the wash up from COVID-19
  • Recent cases on when a lease is binding – does it need to be signed?
  • Recent cases on make good

Presented by Andrew Grima, Principal Lawyer, Coleman Greig Lawyers

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

Session 2

Critical Leasing Skills in the Current Market

Chair: Anthony Herro, Principal Solicitor, Herro Solicitors; Recommended Leasing Lawyer, Doyle’s Guide 2021

Professional Skills
2.00pm to 3.00pm The Danger of Over-Reliance on Precedents: Legal & Commercial Considerations

  • The inherent risk of a ‘one-size-fits-all’ approach to documenting lease arrangements
  • Balancing the competing demands for consistency with industry, legal and tenancy-driven requirements
  • The need for continual adaptation of lease agreements in response to emerging and evolving commercial, retail and industrial operations
  • Case study: an examination of the failure of lease precedents in the context of commercial and retail lease arrangements

Presented by Dannelle Howley, Partner, Squire Patton Boggs; Best Lawyers 2022, Real Property Law & Project Finance and Development Practice; Who’s Who Legal 2021, Real Estate Law

Professional Skills
3.00pm to 4.00pm Navigating Agreements for Lease: Practical and Drafting Issues from Both Sides of the Transaction

  • Understand the project
  • Approvals and conditions
  • Changes to project
  • Extensions of time and sunset dates
  • Handover and fitout

Presented by Marie Boustani, Special Counsel, Harris Farm and Stephen Pallavicini, Special Counsel, Macpherson Kelley; Australian Property Law Bulletin Editorial Committee Member;
Joint Contributor to ACP Commercial and Retail Leasing Precedents, Commercial and Retail Leases in Australia Online and Annotated Retail Leases Act 1994 (NSW), and Conveyancing Precedents

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm End of Lease Disputes: Step-by-Step Guide

  • Analysis and step-by-step guide for dealing with the most common disputes that arise in end of lease situations
  • Strategies when representing tenant and landlord

Presented by William Calokerinos, Barrister, Second Floor Wentworth Chambers

Presenters

Amy Southwell
Amy is a Partner in the Sydney disputes team at MinterEllison. Amy is a specialist property and development, and leasing disputes lawyer (commercial, retail and industrial leasing) and acts on behalf of key property funds, institutional investors, landlords and developers in the Sydney CBD and in regional NSW. For over 15 years, Amy has successfully acted in commercial litigation of a complex nature on behalf of leading landlords, property investment groups, property developers, the NSW Government and statutory corporations, tenants, banks, construction and building product companies, and private net worth individuals. 

Alicia Albury
Alicia Albury is a Partner at Maddocks. Alicia specialises in all aspects of commercial property transactions, including property-related restructuring, turnaround and insolvency matters and energy and resources land tenure issues. Alicia is highly experienced in acquisitions and disposals of real estate, regularly advising developers, owners, fund managers, investors and government authorities on industrial, commercial, retail and hotel acquisitions, disposals and development, large scale residential and ‘mixed use’ developments, industrial, commercial and ‘anchor tenant’ retail leasing, property management, joint venture and co-ownership arrangements and major infrastructure projects. Alicia has acted for a range of clients across the public and private sector. 

Tracy Carr
Tracy Carr is a Senior Associate in the Sydney Real Estate team at top-tier global law firm Ashurst.  Tracy has over a decade of experience in legal practice, having worked in both Queensland and New South Wales, and has become an expert in all aspects of property law in a number of Australian jurisdictions.  Tracy enjoys transactional and advisory work involving high value commercial, industrial, agricultural and retail property and new developments, across all Australian jurisdictions and overseas (including using electronic conveyancing platforms such as PEXA).  Tracy is energised by high profile and complex transactions and is passionate about providing clients with a seamless and efficient experience.

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. 

Andrew Grima
Andrew Grima is a Principal at Coleman Greig and head of the firm's property and finance team. 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 approaches his legal matters in a practical way -getting to the real issues at hand by bringing clients together to communicate with each other about their concerns. By getting the parties to the table quickly, Andrew finds that they are able to move past the legal fog to identify the real issues. This means matters are usually resolved quickly and efficiently, allowing his clients to focus on running their businesses. 

Steven Askew
Steven is a special counsel in the Real Estate and Projects group of Australian law firm, HWL Ebsworth. He specialises in commercial property transactions with a particular emphasis on all forms of commercial leasing and commercial property management. Steven has advised listed property trusts, developers, state and commonwealth government authorities, institutional and finance companies for over ten years. 

Marie Boustani
Marie Boustani is Legal Counsel at Harris Farm Markets. Marie previous worked as Head Lease Administration Manager for Group Retail, BBRC and has extensive experience in-house and in private practice. In addition to this, Marie also worked at Stockland from July 2009 as National Leasing Administration Manager until November 2013 and then joined Stockland Group Legal as National Leasing Legal Officer.  In November 2014 Marie was appointed Legal Counsel, as a member of the Commercial Property Legal team.  Marie is a trained mediator. She is a regular contributor to the Australian Property Law Bulletin and a co-author for Thomson Reuters On-Line Commercial Leasing and LexisNexis Business Law - Practical Guidance - Leasing. Marie is Deputy-Chair of the Property Law Reform Alliance. 

Stephen Pallavicini
Prior to joining Macpherson Kelly Stephen was a Partner at Eakin McCaffery Cox.  He as spent many years as a Senior Legal Counsel at Stockland and as Senior Property Lawyer at Woolworths Limited.  He has been a member of the Law Society's Property Law Committee since 2006, the Ethics Committee since 2018 and the Law Society's Property Law Accreditation Committee since 2009.  He contributes regularly to the Australian Property Law Bulletin and is co-author Thomson Reuters on-line service Commercial Leasing Precedents.

Dannelle Howley
Dannelle Howley is a Partner at Squire Patton Boggs. A leading lawyer with a strong commercial acumen, Danielle has acted on some of the largest acquisitions, developments and leasing projects in Australia and advises in relation to some of Australia’s most iconic assets. Dannelle is a real estate law specialist with a focus on complex, structured and large-scale transactions. Her expertise spans all segments of the real estate sector, acting for listed and unlisted property funds, private and government clients. Dannelle is known for both her technical legal expertise and commercial acumen, which is recognized by her clients and peers. She is at the forefront of the real estate sector in Australia and across Asia Pacific, and regularly presents at industry conferences and legal forums.

Jonina Neale
Jonina is an associate in the Maddocks Property team, who advises a variety of clients including government organisations, developers and telecommunications companies. Jonina’s experience is wide ranging, with a particular focus on retail, commercial and telecommunication leasing, mixed-use developments, and disposals and acquisitions. Jonina also has experience advising on the real estate aspects of corporate and property finance transactions.

Anthony Herro
Anthony Herro is Principal Solicitor at Herro Solicitors and is one of Sydney’s leading retail lease lawyers. Anthony is recommended in the Doyle’s Guide 2019, 2020 and 2021 under ‘Leading Leasing Lawyers NSW’. The listing of leading New South Wales Leasing Lawyers details solicitors identified by clients and peers for their expertise and abilities across retail, commercial and industrial leasing matters in the NSW legal market Anthony actively contributes and appears at Government enquiries on retail leasing. Anthony was part of the Working Group commissioned by the Office of the Small Business Commissioner with respect to proposed amendments to the Retail Leases Act. He is a Mediator with National Accreditation and a Mediator on the Panel with the Office of the Small Business Commissioner.

Venue

Cliftons - Spring Street

Level 3, 10 Spring Street
Sydney 2000
NSW
Australia

Cliftons - Spring Street

 

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Parking not included in you registration. Here are some options below.

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Directions
Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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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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