Retail and Commercial Leasing Review
Retail and commerciall leasing disputes can quickly spiral into chaos. Gain the critical skills to effectively manage contentious situations by attending this comprehensive seminar. Ready yourself for the turmoil your clients will heave upon you by catching up on the latest RLA updates, disclosure statements, market rent reviews, subleasing and lease incentives. Attend and master mediation in leasing disputes and what to do in cases of insolvency. WEB223V08
Description
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Professional Skills
This program is based on VIC legislation
Session 1
Hot Topics in Retail and Commercial Leasing
Chair: Jack Cyngler, Principal, CKL Lawyers
Professional Skills
9.00am to 9.30am Economic and Commercial Property Update: Establishing the Environment we Operate in and a Peek at the Future
- Economic outlook: current and near-term economic outlook including the prospects interest rates, inflation, unemployment, immigration, students
- Office property: current metrics (rents, incentives etc.) and workplace trends including demand and supply and what does return to work look like.
- Industrial property: current metrics (rents, incentives etc.) and pre and post pandemic trends including logistics and manufacturing.
- Retail property: current metrics (rents, incentives etc.) and a look at the future of CBD retailing and shopping centres
Presented by Glenn Lampard, Victorian Research Manager, Cushman & Wakefield
9.30am to 10.20am RLA Update and Disclosure Statements
- Overview of the Retail Leases Amendment Act 2020
- Refresher of the changes to the RLA and the practical impacts
- Update on Disclosure Statements and the new requirements
Presented by Richard Skopal, Director, Blue Rock
10.25am to 10.40am Morning Tea
10.40am to 11.30am Lease Incentives: Issues to Consider and Claw Backs
- Different models of incentives
- Drafting and practical issues to consider when drafting lease incentives both from a landlord and tenant perspective
- Enforceability of claw backs: recent case law
Presented by Lisa Gaddie, Partner, Lander & Rodgers
11.30am to 12.20pm Ins and outs of Market Rent Reviews
- Market rent reviews: the legal basis
- Tips and traps: assumptions and disregards from landlord and tenant perspective - commercial, industrial and retail
- Recent changes to the Retail Leases Act 2003
- COVID-19 & rent review in the market: impact of rent review freezes pursuant to CTRS
- Recent VIC case law discussion
Presented by Emilie Fary, Special Counsel and Kate Hurburgh, Special Counsel, Baker McKenzie
12.20pm to 1.10pm The Subtleties of Subleasing: Transactions and Drafting
- Term of sublease
- Consequences if term extends beyond term of head lease
- Effect of surrender of head lease
- Relief against forfeiture of head lease
- Relief against forfeiture of sublease
- Drafting issues
- Retail Leases Act 2003
Presented by Robert Hay KC, Dawson Chambers
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Leasing Disputes: Cases, Insolvency and Mediation
Chair: Gia Cari, Partner, Arnold Bloch Leibler
2.00pm to 3.00pm Latest Cases and Developments in Retail and Commercial Leasing
Examine some of the key cases in retail and commercial leasing with a leading Barrister 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 Jamie Bedelis, Principal, Bedelis Lawyers
3.00pm to 4.00pm Insolvency and Leasing
- Effects of insolvency
- Dealing with insolvency practitioners
- Ipso facto and safe harbour: What do they mean for leasing?
- Defences to claims by liquidators for preference payments or voidable transactions
Presented by David Dickens, Partner, Hall & Wilcox
4.00pm to 4.15pm Afternoon Tea
Professional Skill
4.15pm to 5.15pm Achieving Better Outcomes in Retail Lease Disputes with Mediation
- Mediation Advocacy: Dealing with difficult clients and representing parties online
- COVID-19 and the CTRS: understanding landlord and tenant obligations
- Early mediation: resolving disputes before they escalate
- Practical examples
Presented by Donna Ross, Principal, Donna Ross Dispute Resolution
Presenters
Jack Cyngler
Jack Cyngler established the firm Cyngler & Co in 1987, and in 2004 merged with Kaye Levy & Co rebranding as Cyngler Kaye Levy. The firm is now known as CKL Lawyers. Jack was first recognised as a specialist in Commercial Tenancy Law in 2001, and has maintained his authority in the area ever since. Jack is a member of the LIV’s Leases Committee, an industry body committee that makes submissions to the government in the field of Commercial Tenancy Law. In the field of Retail, Commercial & Industrial Tenancy Law, Jack is truly one of the best tenancy Lawyers Melbourne has to offer.
Richard Skopal
Richard Skopal has over 18 years experience as a Property Lawyer working for national mid-tier law firms on major transactions in each Australian jurisdiction. He has managed large leasing portfolios for national clients and acts for a number of private developer clients. He has a broad range of experience from acting for tenants in lease negotiations, purchasers in residential conveyancing, developers of all size subdivisions as well as buyers and sellers of all types of property assets. At Blue Rock Law he oversees the Property division and manages the conveyancing practice.
Emilie Fary
Emilie joined the Baker McKenzie Commercial Real Estate team in February 2007. Emilie practises a broad range of commercial property law including acting for landlords and tenants on negotiation of commercial and retail leases, assignments, surrenders and landlord’s consent applications, acquisitions and disposals, development of commercial property (including sale and leaseback arrangements) and advising on the property aspects of mergers and acquisitions. Emilie has a particular interest in commercial leasing, particularly head office leasing and is a current member of the PCA Commercial Office Leasing Committee.
Robert Hay KC
Robert Hay 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. Robert was appointed as a senior counsel in November 2014. 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 (3rd ed, LexisNexis), 2009; Croft and Hay The Mortgagee's Power of Sale (3rd)(LexisNexis), 2012; Croft and Hay Retail Leases Victoria (looseleaf)(LexisNexis); and Hay, Lloyd and Rimmer Transfer of Land Act (Vic), 2nd ed, Thomsonreuters (expected publication date June 2016). Robert is also case note editor of the Property Law Journal (LexisNexis) and author of the popular blog "The Property Law Blog" (http://roberthaypropertybarrister.wordpress.com)
Lisa Gaddie
Lisa Gaddie is a partner in the Real Estate & Projects team at Lander & Rogers. Lisa advises on all forms of real estate transactions and infrastructure developments nationally. Lisa has been recognised for many years in Best Lawyers in Australia and is recommended in Doyle's Guide. Lisa was named Lawyer of the Year for Leasing Law in Best Lawyers in Australia 2021 and Real Estate Partner of the Year in the Lawyers Weekly Partner of the Year Awards 2021. Lisa sits on the committee of the Property Law Group of the Law Council of Australia.
Gia Cari
Gia Cari is a Partner in Arnold Bloch Leibler's property & development group. She provides a broad range of advice to private, corporate and institutional clients on acquisitions, disposals, developments, real estate finance and leasing transactions. Gia is a strong property generalist and regularly acts for private and institutional investors in relation to the sale, acquisition and leasing of commercial, retail, industrial and mixed-use property and has specialist experience in advising on complex title issues and land subdivisions. Gia joined Arnold Bloch Leibler as a law graduate in 2008 from the University of Melbourne.
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.
Donna Ross
Donna Ross is a mediator with a specialist accreditation in mediation law by the Law Institute of Victoria and certified by the International Mediation Institute (IMI), a graded arbitrator and a commercial lawyer with extensive experience in alternative dispute resolution across several continents. Donna is on a number of panels as a mediator, notably with the Victorian Small Business Commission, dealing primarily with retail tenancies and with VCAT. She is admitted to practice in Australia and New York and holds a French law degree. She advises and represents clients in ADR and contract and settlement negotiations. Her practice is primarily focused on partnership, shareholder, property, franchise, IT, wine industry, import, distribution and marketing and employment matters and disputes.
Kate Hurburgh
Kate recently joined the Baker McKenzie Commercial Real Estate team in September 2021 having returned from 20 years in London working as a property lawyer at one of London's prominent Real Estate law firms. Kate has acted on a broad range of real estate transactions specialising in commercial leasing and asset management. Kate has led on large office pre-lets in Central London, and managed large asset management leasing portfolios for both landlord and tenants.
Jamie Bedelis
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.