Retail and Commercial Leasing Review
Issues covered include: leasing reforms, ipso facto issues, mixed use developments, heads of agreement, agreements for lease, special conditions, flexible arrangements, tax, defaults, lockouts, breaches, damages, compensation, dispute resolution
Description
There are countless issues that can arise between a tenant and a landlord. Any of them can quickly spiral into chaotic quagmires and contentious disputes that your clients will expect you to fix efficiently and effectively. Ready yourself for the turmoil your clients will heave upon you by catching up on game changing new laws, significant reforms, and how to resolve some of the more difficult challenges that arise in leasing.
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 19 March 2019
Session 1
New Laws & Practical Leasing Strategies
Chair: Patricia Monemvasitis, Partner, Carroll & O’Dea Lawyers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Significant Leasing Reforms, Developments, Trends and the Impact on Your Practice
- Latest legislation changes that affect leasing practitioners
- Summary of recent cases and the latest NCAT decisions that you should be aware of
Presented by Anthony Herro, Principal Solicitor, Herro Solicitors
9.50am to 10.35am: The New Ipso Facto Regime and the Impact on Leasing
- The ipso facto insolvency reforms applying to new contracts and agreements
- Rights that may be affected, including the right to terminate, suspend performance and more
- Exemptions that are relevant to the property industry
- Impact on leases and a landlord’s ability to terminate for an insolvency event: updating termination clauses in leases
- Reviewing contracts and making amendments to mitigate risk in the event of an insolvency or default
Presented by Kim Boettcher, Barrister, Chalfont Chambers
10.35am to 11.20am: Leases in Mixed Use Developments
- The title (stratum/strata)
- The impact of the strata management statement on the lease
- Acting for the developer or landlord
- Acting for the tenant
Presented by Tim Dangerfield, Senior Associate, McCullough Robertson
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Heads of Agreement, Agreements for Lease, Special Conditions and Flexible Arrangements: Negotiating and Drafting
- When heads of agreement are binding
- When to use an agreement to lease
- Negotiating for success
- Using special conditions to achieve flexible outcomes
- Drafting with an eye on the future to minimise risk
Presented by Andrew Flannery, Partner; Best Lawyers 2019, Real Property Law and Ricky Raad, Associate, HWL Ebsworth
12.20pm to 1.05pm: PRACTICAL CASE STUDIES: Interpretation of Leases and the Practical Impact of Drafting
- Drafting for future events
- Certainty vs good faith
- Interpretation: when the future becomes the present
- Repair and Maintenance
- Understanding the client's use
- Interpretation
- General principles
- The deletion/amendment of standard clauses
Presented by Stephen Pallavicini, Senior Property Lawyer and Marie Boustani, Property Lawyer, Woolworths Group Limited
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Taxes, Breaches & Disputes in Leasing
Chair: David Mackay, Barrister, PG Hely Chambers
2.00pm to 2.45pm: Your Tax Toolkit for Leasing
- Checklist of fitouts and depreciation
- Lease incentives and their tax implications
- Cash incentives
- Non-cash incentives
- Fitouts
- Taxation of payments made by the tenant or landlord for terminating, amending or extending a lease
- GST in leasing
- GST clauses
- GST and lease incentives
- Leasing enterprise as a going concern
Presented by TBA
2.45pm to 3.30pm: Tenant Defaults and Lockouts
- What rights does the lessor have to re-enter the property after there has been a default?
- Different ways of terminating a lease
- When can a tenant seek relief against forfeiture?
- Holding on to goods after a tenant leaves
- Recovering unpaid costs
Presented by Amy Southwell, Partner and Maria Tsakirios, Senior Associate, MinterEllison
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Breaches, Damages and Compensation: Legislation, Strategies, Practice and Procedure
- Breaches and entitlement to damages at common law and under legislation
- Calculating and assessing damages
- Liquidated damages
- Claiming against bank guarantees/bonds
- Practice and procedure for claiming damages
Presented by Bede Haines, Partner, Holding Redlich
4.30pm to 5.15pm: Dispute Resolution in Leasing with the Office of the NSW Small Business Commissioner
- The latest issues impacting the retail and commercial leases industry: the Small Business Commissioner’s perspective
- Analysis of both the most common and the most challenging types of disputes being seen by the Commissioner
- Insights and practical tips for landlords, tenants and their counsel when dealing with leasing disputes
Presented by Director of the Dispute Resolution Unit, The Office of the NSW Small Business Commissioner