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
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km