Mastering Property Project Agreements and Termination
This seminar will give you a comprehensive toolkit of how to master your agreements. You will learn about handy tips to employ and traps to avoid. You will amplify your knowledge of options agreements’ flexibilities, decipher vendor finance agreements and ensure that you are confident in times of uncertainty around contract breaches and terminations. WEB233Q09Z
Description
Attend and earn 3 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Kathleen Ready, Partner, Ready Hocking Law
2.00pm to 3.00pm Use of Option Agreements in Property Development Projects
- Flexibility benefits of using option agreements
- Call options vs put and call option agreements
- Essential and common features of option agreements
- Rights of nomination of buyer entity
- Transfer duty position in QLD
- Tips and traps, case law update
Presented by Bronwyn Clarkson, Partner, Carter Newell Lawyers
3.00pm to 4.00pm Vendor Finance Arrangements
- Key considerations for drafting vendor finance arrangements
- What security can be taken and how can it be enforced?
- Tricks and traps: what to look out for (and avoid)
Presented by Emile McPhee, Special Counsel, McCullough Robertson
4.00pm to 4.15pm Break
4.15pm to 5.15pm Breach and Termination of Contract of Commercial Property Contracts
We live in uncertain times. Parties who entered into commercial property contracts may now wish to avoid performing their contractual obligations. Where there is a breach of contract, the non-defaulting party must take care to ensure that the termination clause is not wrongfully invoked. Consider:
- Category of breaches
- Repudiation
- Issues to consider when deciding when and how to terminate a contract
- Common Mistakes
- Relevant recent cases
Presented by Leone Costigan, Executive Counsel, Herbert Smith Freehills; Accredited Specialist in Property Law
Presenters
Kathleen Ready
Kathleen Ready is the managing director of RHR Legal, a boutique firm that specialises in Property, Planning, Commercial Litigation, Family, Wealth protection, Estate Planning and Commercial Law and Family Law. Kathleen has extensive experience in all aspects of commercial, industrial, residential, retail property and planning law. As a highly skilled professional her experience extends to the following areas: acquisition and disposal of high rise commercial, retail and medical buildings, industrial property, multi-use development sites, high value islands off the Queensland coast, large and small retail shopping centres, property financing arrangements, and all associated documentation. She has a keen interest and knowledge in all aspects of Property which extends to consulting and negotiating with local councils in obtaining development approval; advising on allegations of contravention of the Environmental Protection Act; advising and acting for applicants and respondents in the Planning and Environment Court; and advising and acting for applicants seeking compensation under the Acquisition of Land Act in the Land Court. While practicing mainly in Queensland, Kathleen has a multi-jurisdictional practice that includes New South Wales and Victoria.
Bronwyn Clarkson
Bronwyn Clarkson is a Partner in the Commercial Property and Energy & Resources teams.Her work in the resources area has included advising on joint ventures, farm-in agreements, corporate restructuring, tenement acquisitions, due diligence investigations, gas sales and transportation agreements, pipeline land access work and landholder compensation.Bronwyn also regularly advises clients on a range of property transactions, including property joint ventures, commercial and residential developments, commercial and rental leases and pastoral and crown leases, as well as town planning and environmental matters.In addition, Bronwyn provides general advisory services and opinions to a wide range of medium-to large-sized organisations, commercial enterprises, publicly listed companies and industry organisations.Bronwyn has provided advice to the aviation, marine and heavy transport industries where she has advised companies with respect to the Trade Practices Act and more recently, the Australia Consumer Law, drafted commercial agreements, including distribution agreements, terms and conditions of trade, licence and procurement agreements and advised on the buying and selling of aircraft, marine vessels and prime movers.Bronwyn and her team regularly undertake significant work in relation to the petroleum industry, advising clients of the regulatory regime and its impacts, including updating documentation, assisting with compliance and notifications and making submissions to government.
Emile McPhee
Emile is a Special Counsel who specialises in property finance, retirement living and affordable housing (including SDA). His skills across both finance and property, prior experience in private client structuring and understanding of commercial drivers, present a holistic offering for his clients.In the finance space, Emile acts for both lenders and borrowers on property finance arrangements, including high rise and flat land developments; retail, commercial and industrial leasing portfolios; retirement village, aged care and land lease communities; and social and affordable housing including specialist disability accommodation (SDA). He acts for a number of major banks, as well as a number of other banks, non-institutional and private lenders, on all aspects of their financing arrangements, from deal structuring to documentation and due diligence, for transactions ranging from $5 million to over $250 million. Emile also assisted in the roll out of the $1 billion COVID-19 Job Support Loan Scheme, which saw McCullough Robertson document over 3,000 secured and unsecured loans in just 3 months.
Leone Costigan
Leone Costigan is an Executive Counsel in the Herbert Smith Freehills Finance, Real Estate and Property team specialising in real estate transactions. Leone works with major property development companies and property trusts in Australia advising on the acquisition, disposal, development, leasing and ongoing management of real property assets. Leone is also an alumni of HSF's digital law group which is a team of specialist lawyers that work with the firm's multi-disciplinary teams to provide advice to clients to assist with digital transformation and the creation, promotion and commercialisation of smart legal contracts. As part of the HSF's pro-bono legal programme, she enjoys providing legal advice to pro-bono clients including SVDP, Ronald McDonald House and Youngcare. Leone is an accredited specialist in property law, and Tax Institute member. She is also a member of the board of the Ronald McDonald House Charities SEQ.