Retail and Commercial Leasing Review
A dynamic and evolving leasing sector requires a considered approach. Advance your leasing law practice by strengthening your reserve of practical strategies across disclosure under the Retail Leases Act, outgoings, and special conditions. Work-over the latest in VCAT practice and procedure under the guidance of the Deputy President. In this jam-packed program unpack tenant defaults and lockouts, unconscionability, and misleading and deceptive conduct in commercial leases. WEB233V10Z
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
Session 1
Leasing Law, Developments & Practical Strategies
Chair: Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2022
9.00am to 10.00am Leasing Law Update: New Developments, Trends, and Cases
Examine some of the key developments, trends, and cases in retail and commercial leasing with a leading practitioner 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 Paul Nunan, Director, Eastern Bridge; Accredited Specialist in Commercial Leasing Law
10.00am to 11.00am Disclosure Under the Retail Leases Act
- When the Act applies: the grey areas and tricky cases
- Disclosure requirements and considerations
- The consequences of non-disclosure or inadequate disclosure
Presented by Jordan Engwerda, Special Counsel, MinterEllison; Victorian Young Property Lawyer of the Year Award Recipient, 2021
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Outgoings for Retail and Commercial Leases: Key New Developments
- Outgoings payment structures
- Proper outgoings inclusions
- Capital vs non capital expenses
- Current issues in outgoings
Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist in Commercial Leasing Law
12.15pm to 1.15pm Special Conditions in Today’s Market: What to Include & Negotiation Strategies
- Special conditions in standard lease agreements
- Where to include your special conditions: In a lease or a side deed?
- Special conditions including incentives, break clauses, rights of refusal and others
- Negotiating terms in this market
Presented by Samantha Taylor, Principal, Russell Kennedy Lawyers
Session 2
Breaches, Disputes and VCAT Strategies
Chair: Richard Brooks, Consultant, Ashurst; Recommended Leasing Lawyer, Doyle’s Guide 2022
Professional Skills
2.00pm to 3.00pm Practice and Procedure in VCAT: a Practical Checklist for Retail and Commercial Leasing Disputes
- Navigating the Building and Property List
- Retail tenancy disputes and jurisdictional issues: certificates and applications
- Commercial tenancy disputes: jurisdiction and the Australian Consumer Law and Fair Trading Act 2012
- What you need to know about how applications are processed: tips to avoid your application being rejected
- Review and hearings: insights into the Tribunal’s processes
- Injunctions: timelines, urgent cases, ex parte applications, and evidentiary issues
- Checklist of considerations in retail and commercial leasing matters in VCAT
Presented by Deputy President Eric Riegler, Victorian Civil and Administrative Tribunal
3.00pm to 4.00pm Unconscionability, Misleading and Deceptive Conduct in Commercial Leases
- The relevant legislation dealing with unconscionability and misleading and deceptive conduct
- The case law that has considered that legislation
- Application of the law to commercial leasing
Presented by Robert Hay KC, Dawson Chambers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm 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 David Dickens, Partner, Hall & Wilcox; Recommended Insolvency & Restructuring Lawyer, Doyle’s Guide 2021
Presenters
Richard Brooks
Richard Brooks is a consultant in Ashurst's real estate practice.
Richard has a broad real estate practice, including acting for REITs and other institutional property owners, developers and corporate and government real estate occupiers, and acting on real estate aspects of M&A, infrastructure and energy and resources projects.
Richard is experienced in acting on commercial property leasing (for landlords and tenants), sale and lease backs, real estate investment and real estate development.
Richard is listed in Best Lawyers Australia 2023 in Real Property Law, Leasing Law and Government Practice.
Paul Nunan
Paul has been a director of Eastern Bridge for over ten years. Paul is a property and commercial lawyer and is recognised and accredited by the Law Institute of Victoria as a specialist commercial leasing lawyer. He is a member of the Leases Committee and is co-chair of the Law Institute Property and Commercial Tenancy Advisory Committee.
Jordan Engwerda
Jordan Engwerda is Special Counsel in our Real Estate Group and specialises in retail and office leasing. Jordan manages leasing portfolios for a number of prominent landlord clients including Dexus, Vicinity Centres, Charter Hall, The Pacific Group of Companies, Woolworths and Lendlease. Jordan has co-written articles for the Australian Property Law Bulletin, provides advice on the retail legislation across various jurisdictions in Australia and regularly presents at seminars for Legalwise and the Property Council of Australia. Jordan was awarded the Law Council of Australia’s Victorian Young Property Lawyer of the Year Award in 2021.
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.
Samantha Taylor
Samantha has experience in a variety of commercial property transactions including sales and acquisitions and commercial leasing. Samantha advises both landlord and tenant clients in all aspects of leasing transactions, across all Australian jurisdictions. In addition to her leasing work, Samantha advises clients in respect of commercial sales and acquisitions, including preparing and reviewing transaction documents. Samantha has broad commercial knowledge, having lectured in Commercial Law and Corporations Law at Monash Business School and Corporations Law at Melbourne Law School.
Max Cameron
Max Cameron is a leading property lawyer with over 38 years acting for many of Australia's leading landlords and tenants. His formidable commercial property and property management knowledge and experience includes recognised expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his management and co-ordination of national, cross-jurisdiction teams, Max has a strong track-record acting for large corporate and public sector clients including AMP Capital, Challenger, Charter Hall, Dexus, GPT, Pacific Group, QIC, Vicinity, CBA, ANZ and Woolworths on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios. Max's expertise is widely recognised as leading in independent legal directories including Chambers, Best Lawyers and Doyle's Guide and has been recognised as one of Australia's preeminent Real Estate lawyers. Max is the co-author of the MinterEllison publication 'Retail Tenancy Legislation Compendium', a comparative publication which details the retail legislation in each of the eight Australian jurisdictions and which is often referred to as the 'leasing bible of retail'.
Deputy President Eric Riegler
Eric completed articles with Hall and Thompson (Maurice Blackburn) in 1993, coming to the law late after having run numerous businesses. Eric's work while at Hall and Thompson mainly concerned the buying and selling of businesses, many of which included retail premises or licensed premises. In 1996, Eric left Hall and Thompson and moved to Minter Ellison, working within the Building and Construction Practice Group. In 1999, Eric left Minter Ellison and completed the Bar Readers Course, signing the Bar Roll in late 1999. He then practised as a barrister for 10 years, primarily in building and construction matters, before being appointed as a full-time Senior Member at VCAT in April 2010. In August 2010, Eric was appointed as Head of List of the Domestic Building List, as it then existed. In 2012, Eric relinquished his role as Head of List of the Domestic Building List, in lieu of being appointed Head of List of the Retail Tenancies List and the Real Property List. In July 2014 the Domestic Building List, Retail Tenancies List and Real Property List were merged into one list; namely the Building and Property List. Eric was appointed Deputy Head of that List. From that time on, he has been principally responsible for case managing commercial and tenancy disputes, co-ownership disputes and disputes arising under the Water Act. These types of disputes were previously case managed under the former Retail Tenancy List and Real Property List. In January 2018, Eric was appointed Chairperson of the Building Appeals Board. He holds this role in conjunction with his responsibilities as a member of VCAT and Deputy Head of the Building and Property List. In November 2018, Eric was appointed as a Deputy President of VCAT.
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). Before becoming a barrister he was a cadet journalist and journalist with "The Mercury" newspaper in Hobart (1978 - 1983) and a solicitor at Arthur Robinson & Hedderwicks in Melbourne (now Allens) (1987 - 1992). Qualifications include a BA/LLB (Hons) (University of Tasmania), LLM (Monash University).
David Dickens
David Dickens 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.