Retail and Commercial Leasing Roundup
The legal issues impacting the leasing sector are ever present and you must keep up with the latest developments and strategies to succeed. Immerse yourself in a session covering the key cases to have on your radar, the emerging issues in this market, and some tips and traps for less common leasing transactions. Enhance your ability to manage leasing concerns in times of disturbance and disruption, to ensure you stay on top of changing variables in your practice. WEB233Q10Z
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: John Davies, Barrister, Deane Chambers
9.00am to 10.00am The Post-COVID Leasing Market
- The arc of negotiating with retailers in changing markets
- CPI figures and rental reviews
- Setting Up leasing negotiations
Presented by Justin Clarke, Director, McGees Property
10.00am to 11.00am Tenant Disturbance and Disruption Claims
- Redevelopments: relocation and demolition
- Responses to natural disasters
- Legislative and lease obligations
Presented by Lynne Kozak, Special Counsel, MinterEllison
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Unconscionability, Misleading and Deceptive Conduct in Commercial Leases
- Refresher on the key provisions dealing with unconscionability and misleading and deceptive conduct
- Recent case law concerning these issues in the context of commercial leasing
- Practical guidance for practitioners in drafting leases and dealing with disputes in this area
Presented by Alexander McKinnon, Barrister, 16 Quay Central Chambers, Brisbane
12.15pm to 1.15pm Less Common Transactions Involving Leases
- Subleases
- Mortgages over leases
- Concurrent Leases
Presented by Tracy Carr, Special Counsel, K&L Gates
Presenters
John Davies
John Davies was called to the Bar in 2001 and practices principally in the area of commercial disputes. Prior to being called to the Bar John practised as a solicitor and lawyer in Australia and Japan. John holds degrees in Arts and Law from the University of Queensland and the degree Master of Law from Cambridge University. John’s commercial practice encompasses advising on and acting in disputes in Contract (including related equitable and statutory claims), Property and Finance, Professional Negligence, Administrative Law (including Judicial Review), Corporations (including directors’ duties and preference claims), Insolvency (corporate and personal), Estates, Building and Construction (including domestic and international arbitrations) and Disciplinary proceedings.
Justin Clarke
Justin Clarke commenced his Real Estate career in 1989 working for a small agency focused on Brisbane's Commercial, Industrial and Retail sectors. His passion for this industry led him to complete tertiary education through the University of Queensland in Valuation. In 1992, he commenced a four year valuation cadetship under John Meldrum (OAM), Managing Director of Meldrum & George, one of Brisbane's most respected realtors and valuers. During this time he continued to service the Sales and Leasing market. In 1994, he was approved by the Valuers Registration Board in Queensland, and registered as a Valuer. Since joining McGees in 1995, Justin's career has blossomed. In 1996 he commenced a Graduate Diploma in Project Management (majoring in Property Development) which he completed with distinctions and was accepted into the Property Institute of Australia as an Associate on 13 March 2000. In July 2000, Justin was appointed to the position of Manager of Agency where he demonstrated outstanding leadership of the McGees agency group. Justin was made a Director of McGees Property in July 2002. Being the youngest Director in the practice, and the youngest nationally, his focus is to provide to clients, throughout the whole operation the exceptional service and to evolve the practice into the next generation. In May 2004 Justin was nominated and became a finalist in the Property Council/Walker Construction Group "Young Achiever of the Year" Award. He was the only finalist to have ownership in his company. He has also been honoured and recognized by The Australian Institute of Management as one of Brisbane's best young managers in 2004. In August 2007, Justin was welcomed as a member of the Academic Advisory Panel for Bond University Mirvac School of Sustainable Development. Justin is the currently on the Board of National Directors for McGees Australia and heads the Advisory department of McGees Property Brisbane. In 2016, Justin established and founded the funds management company, Exceed Capital, where we has been involved in the acquisition of significant assets in South Grafton, Beenleigh and Goonellabah.Edit Speaker's Profile
Lynne Kozak
Lynne Kozak is Special Counsel at MinterEllison. Lynne has a reputation for delivering practical and commercial advice to clients. She enjoys partnering with clients to understand their businesses and objectives, which helps her to deliver efficient and bespoke solutions. Lynne provides assistance to a range of landlord and tenant clients to help them manage all aspects of their property-related matters, from compliance and disputes through to redevelopments, including preparation of statutory notices, responding to compensation and disturbance claims, disclosure obligations, and advising in respect of overall management strategies for projects.
Alexander McKinnon
Alexander practises predominantly in commercial and corporate litigation. Alexander has experience in complex commercial disputes across various areas including commercial leases and property transactions, infrastructure and resources, insolvency, trade practices, professional negligence, insurance and general contract. He has appeared led and unled in the Federal Court of Australia and at all levels of State courts. Alexander also has experience in Commissions of Inquiry and regulatory matters, as well as expertise in aviation law. Prior to being called to the Bar in 2019, Alexander was an Associate to the Hon. Justice Byrne AO RFD in the Supreme Court of Queensland. He has also worked for a number of years as a solicitor in litigation and arbitration for a top-tier international firm in London and has a good understanding of the commercial realities of business disputes having spent time in-house for a major international airline. Alexander holds degrees in Law & Commerce (Finance) from the University of Queensland and Masters of Law from the University of Cambridge.
Tracy Carr
Tracy Carr is a Special Counsel in the Sydney Real Estate team at global law firm K&L Gates. 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.