Advanced Retail and Commercial Leasing
This timely program is packed with noteworthy commercial leasing topics. Master the more complex areas of retail and commercial leasing law in WA. Join industry experts as they guide you through constructing effective agreements for lease and analyse key concerns pertinent to the Retail Leases Act. Gain critical information on lease termination for landlords for tenant repudiation or default and ensure you and your practice can navigate end of term reparation, make good and dilapidation obligations. 229W01
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This course has been approved by DMIRS under elective category 2.
CPD Approval Number: LEGALW22 (4 CPD Hours)
This program is based on WA legislation
Chair: Patrick Thaung, Partner, Mills Oakley
9.00am to 10.00am Constructing Effective Agreements for Lease: Understanding the Complexities
- Analyse practical issues to be met in order for a lease to commence
- Compare tie in with other contracts
- Examine indemnities
- Investigate the capping of liability/ liquidated damage
- Evaluate the delay regime
- Practical risk mitigation strategies
Presented by Peter Beekink, Partner, Lavan; Best Lawyers, 2022, Leasing & Real Property Law; Preeminent Property & Real Estate Lawyer, Doyle’s Guide 2021
10.00am to 11.00am Retail Shops Act Mix Tape: A Comprehensive Look
- When does a lease arise for the purposes of the Act?
- Moving in and out of the Act’s application
- Comparing the concepts of “lettable area” and “retail floor area”
- Redevelopment vs relocation clauses
- Indefeasibility issues
Presented by Shannon Davies, Principal, Stork Davies; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020, 2021 & 2022; Recognised in the 2023 edition of The Best Lawyers in Australia™ for Leasing Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Lease Termination by Landlords for Tenant Repudiation or Default
- Leases as in interest in land and also as contracts
- When the right to terminate arises
- Steps required for effective termination
- Landlord’s rights to recover lease payments past and future on termination
- When does the landlord obligation to mitigate its loss and damage arise?
- Tenant’s right to seek relief from forfeiture of the lease from the courts
Presented by Mary Pringle, Partner, Squire Patton Boggs (AU); Best Lawyers, Leasing Law & Real Property Law 2013-2023 & WA Leasing Lawyer of the Year 2019 & 2020 & WA Real Property Lawyer of the Year 2023; Preeminent and recommended Property & Real Estate Lawyer & Leading Leasing Lawyer, Doyle’s Guide
12.15pm to 1.15pm End of Term Make Good Obligations and Negotiated Outcomes
- When and how to negotiate make good obligations
- Tips and traps in drafting make good clauses
- Interaction with the repair and maintenance obligations of a Lease
- Enforcing make good obligations and deeds of release
- Affect of variations, extensions and assignments of lease on make good obligations
Presented by Sarah Moore, Senior Associate, MinterEllison
Presenters
Patrick Thaung
Patrick Thaung is a Partner at Mills Oakley. Patrick has over 20 years’ experience in property law and commercial law, working mainly in Western Australia but also in Melbourne, Sydney and London. He brings particular expertise in complex sales, joint venture and leasing transactions. Patrick is renowned for his skills and experience in conducting due diligence, negotiating sales contracts and structuring transactions. This is predominantly in the property industry but also more broadly in other commercial transactions. He is known for his commercial, strategic and solutions-based approach to all matters and exceptional client service. He prides himself on applying his experience and knowledge to achieve the best commercial outcomes for his clients.
Peter Beekink
Peter Beekink is an internationally recognised lawyer practising in property law in Australia. Peter has represented the state of Western Australia and a number of its departments in significant land development projects in Western Australia. These projects have resulted in the delivery of some of Perth’s best known residential suburbs. Peter has also acted on significant land projects (both built form and vacant land) for private sector clients, some of these projects have been the largest transactions of their type in Western Australia. Peter is the Western Australian editor of Thomson Reuters Retail Leasing in Australia. He is also on the editorial panel for the Australian Property Law Bulletin, his articles on real estate law are published throughout Australia.
Shannon Davies
Shannon is Principal at Stork Davies Legal Advisors, practising predominantly in commercial real estate transactions. He was previously the property law course director for the Piddington Society’s practical legal training program and an instructor on the property law component of the Leo Cussen articles training program, and currently serves as Deputy Chair of the Property Council of Australia’s Retail Management Committee. A recommended lawyer in the 2020, 2021 and 2022 Doyles Guide listings of leading WA property and real estate lawyers, Shannon was also a Business News 40under40 Winner in the professional services category, and a previous winner of the Property Council’s WA Future Leaders Award in the advisory and transactions category. He was most recently recognised in the 2023 edition of The Best Lawyers in Australia™ for Leasing Law.
Mary Pringle
Mary Pringle has over 20 years' experience practising in Real Estate law, having also spent time working as a banking and finance lawyer and as an energy and resources lawyer. Mary has also spent time working in-house for a public company in the resources sector. As a result of this experience, Mary has acted for a wide range of clients on a wide range of matters. These matters have included subdivisions, environmental and planning issues, development projects, acquisitions and disposals of shopping centres, office buildings and industrial complexes, joint ventures, strata titles and leasing both for landlords and tenants. Mary has acquired a broad range of experience and skills and a good understanding of what clients require from their lawyers, both as to quality and practicality of advice as well as accessibility and responsiveness.
Sarah Moore
Sarah is an experienced property lawyer with experience in property and commercial matters with a particular interest in due diligence, site acquisition and disposal, ground and development leasing and industrial, commercial and retail leasing. Sarah acts for a broad range of clients including developers, government clients, landlords and institutional investors. Sarah has advised in respect of numerous property acquisitions (including shopping centres, hotels, office buildings, agricultural acquisitions and industrial sites) and am experienced in conducting and advising in relation to due diligence enquiries and advising in relation to compliance with statutory regimes (including the WA Retail Legislation and the Strata Titles Act). Sarah also assists the Property Council of Australia in respect of legislative reform and advocacy.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.