Retail and Commercial Leasing Review

The core elements of leasing present relentless problems that can cause havoc on your practice if not handled correctly. Don’t miss these practical sessions dealing with some of the major issues across leasing law including new legal, commercial, and logistical risks, recent decisions, agreements for lease and fit out works, remedies and damages, defaults, lockouts and NCAT practice. Leave with key tips and traps in Dispute Resolution by joining the Office of the NSW Small Business Commissioner. 233N48

Description

Attend and earn 7 CPD units including:
5.5 units in Substantive Law
0.5 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on NSW legislation

Session 1

Commercial Leasing Insights and Practical Strategies

Chair: Matthew Rafferty, Partner, Carroll & O’Dea Lawyers

9.00am to 9.05am Opening Comments by the Chair

MARKET AND MEDIATION INSIGHTS

Practice Management and Business Skills
9.05am to 9.35am Retail and Commercial Leasing Occupancy Data and Office Market Report

Our CBDs have changed forever, but to what extent? Analyze the latest office occupancy data for March 2023 and understand the story of the CBD’s life over the last two years including:

  • How has the pandemic has affected the beating heart of our economy
  • Are workers returning to the office? Or working from home?
  • Office Market Report (Released February 2023)
    • The number of unleased offices in our CBD towers
    • Types of offices businesses are buying and operating out of
    • General health check on the current office market
  • The latest office vacancy report data:
    • The increase in office building vacancy
    • The flight to quality to premium A grade stock
    • What this means for our city?

Presented by Joanne Henderson, National Director, Research, Colliers

Professional Skills
9.35am to 10.35am Practice Tips in Leasing Dispute Resolution with the Office of the NSW Small Business Commissioner

  • Understanding the latest issues impacting the retail and commercial leases industry: the Small Business Commissioner’s perspective
  • Real-world tips and analysis of the most common and challenging types of disputes being seen by the Commissioner
  • Insights and practical strategies for landlords, tenants and their counsel when dealing with leasing disputes

Presented by Michael Miller, Director, Mediation Services, The Office of the NSW Small Business Commission

10.35am to 11.20am Commercial Risks from Emerging Sector Trends

  • Entertainment tenants and offerings: managing the risks
  • Pop-up shops and short term leases: flexibility vs risk and liability
  • Commercial offices: the latest trends & developments you must have on your radar
  • The domination of logistics in industrial leasing: emerging risks and key considerations

Presented by Dannelle Howley, Partner, Squire Patton Boggs

11.20am to 11.35am Morning Tea

11.35am to 12.20pm Retail Leases Act and Recent Decisions Affecting Leasing Practice

This practical session will leave you abreast of recent development in the leasing space.

  • Consider a summary of recent key decisions that will impact your day-to-day leasing practice
  • Analyze recent developments in the retail and commercial leasing space

Presented by Anthony Herro, Principal, Herro Solicitors

12.20 pm to 1.05pm Agreements for Lease and Fitout Works: Negotiating and Drafting Strategies

  • Integrated works
  • Formulating handover conditions
  • Determining when the commencement date starts
  • Landlords works and concerns of the tenant
  • Sunset dates, pandemics and extension of time regimes
  • Liquidated damages, disputes and termination
  • Strategies to where there is a shortened timeframe for completing works

Presented by Liam Thomson, Special Counsel, Baker & McKenzie

1.05pm to 1.15pm Final Q&A and Commentary by the Chair

Session 2

Dispute Resolution in Commercial Leasing

Chair: Matthew Rafferty, Partner, Carroll & O’Dea Lawyers

2.00pm to 3.00pm Remedies and Damages: Practical and Creative Solutions for Getting What you Want

  • What to do if a dispute doesn’t fit neatly into the ‘default’ box
  • What if there’s a clear breach or default but the remedy provided in the lease is less than ideal?
  • Self-help remedies for landlords and tenants: what’s allowed and what can be effective
  • Non-monetary breaches and solutions: dealing with breaches of opening and operating covenants, co-tenancy clauses, use restrictions and more
  • Monetary breaches and recovering damages: realistic and cost-effective strategies
  • Insolvency considerations

Presented by Andrew Bulley, Barrister, 5 Wentworth Chambers

3.00pm to 4.00pm Defaults and Lockouts

  • Remedies available to a landlord for default of a lease by the tenant
  • Remedies available to a tenant for default of a lease by the landlord
  • The termination and lock out process
  • Relief against forfeiture: the rights of tenants and sub-tenants following termination by the landlord

Presented by Alicia Albury, Partner, Maddocks; Leading Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2022 and Vincent Tripodina, Special Counsel, Maddocks

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm NCAT: The Retail Lease Jurisdiction

  • Jurisdiction and powers
  • Practice and procedure
  • Aspects of substantive law
  • Enforcement and costs

Presented by Clifford Ireland, Barrister, 13 Wentworth

Presenters

Matthew Rafferty
Matthew is an active member of the Property Council of Australia Academy, Retail Property Committee. Matthew provides expert advice on retail and commercial leasing matters including initial advice during the commercial negotiation for the new lease, drafting, negotiating and completing formal documentation, and, if necessary, dispute resolution. Matthew acts for major retail and commercial property management corporations, advising on all aspects of retail and commercial leasing transactions, shopping centre redevelopment, land title office issues, retail legislation and corporations law. Matthew reviews new caselaw and legislation relating to the property industry, frequently writing articles about changes and developments in law that impact on property management and business. Matthew advises clients on all kinds of property transactions, including commercial and retail leasing, transfers and developments, as well as advice regarding lease disputes and transaction structures. Matthew has many years’ experience negotiating complex legal documents while ensuring he remains focused on his client’s commercial objectives.

Joanne Henderson
Joanne has over 15 years of experience working within property research and specialising in property data.  Having previously managed a real estate data product with over 70 subscribers, Joanne has a strong track record of maintaining client relationships as well as delivering quality real estate data and insights. Joanne leads and manages the Colliers Edge product which is the Colliers premium research data product for clients. Her role also includes maintaining and improving data management systems that the Research and wider business teams use to store and utilise our valuable datasets.

Michael Miller
Michael Miller, Director Mediation Services, joined the mediation unit as a case manager in 2004. Michael has lead projects to deliver civil dispute resolution services to the commercial sector across regional NSW and has a Master of Laws in Commercial Litigation.

Dannelle Howley
A leading lawyer with a strong commercial acumen, Danielle has acted on some of the largest acquisitions, developments and leasing projects in Australia and advises in relation to some of Australia’s most iconic assets. Dannelle is a real estate law specialist with a focus on complex, structured and large-scale transactions. Her expertise spans all segments of the real estate sector, acting for listed and unlisted property funds, private and government clients. Dannelle is known for both her technical legal expertise and commercial acumen, which is recognized by her clients and peers. She is at the forefront of the real estate sector in Australia and across Asia Pacific, and regularly presents at industry conferences and legal forums.

Anthony Herro
Anthony Herro is Principal Solicitor at Herro Solicitors and is one of Sydney’s leading retail lease lawyers. Anthony is recommended in the Doyle’s Guide 2019, 2020, 2021 and 2022 under ‘Leading Leasing Lawyers NSW’. The listing of leading New South Wales Leasing Lawyers details solicitors identified by clients and peers for their expertise and abilities across retail, commercial and industrial leasing matters in the NSW legal market. He acts for clients in drafting, advising and negotiating leases and in resolving lease disputes. He possesses an in-depth knowledge of Retail Leases Legislation across all States and Territories in Australia (including the Retail Leases Act) and in property law in relation to leases. He has extensive experience in all aspects of retail and commercial leasing - including complex lease negotiations and resolution of lease disputes. Anthony has delivered hundreds of seminars and papers on retail and commercial leases and is a recognized expert in his field. Anthony’s advice is sought by Government Ministers and Government bodies to advise on proposed amendments to retail lease legislation. Anthony actively contributes and appears at Government enquiries on retail leasing. Anthony was part of the Working Group commissioned by the Office of the Small Business Commissioner with respect to proposed amendments to the Retail Leases Act. He is a Mediator with National Accreditation and a Mediator on the Panel with the Office of the Small Business Commissioner. Anthony is Secretary of the St Thomas More Society.

Liam Thomson
Liam has over 13 years experience providing strategic legal and commercial advice to a diverse range of leading Australian corporations, high-net-worth individuals and large family businesses as well as international corporations.

Andrew Bulley
Andrew Bulley was admitted to the Bar in 1997 having been employed as a Senior Associate at Ebsworth & Ebsworth (now HWL Ebsworth). He accepts briefs in both complex, large-scale litigation and in smaller matters. Andrew has over 20 years of experience working on commercial and equity matters with a particular focus on commercial litigation, corporations and insolvency as well as property disputes and estates litigation. Andrew currently practices from 5 Wentworth Chambers which he joined in 2000. He is briefed by a variety of solicitors’ firms including large firms in the Sydney CBD, as well as small firms and sole practitioners outside the CBD and in country NSW. Although he primarily appears before the New South Wales Supreme Court and Court of Appeal, he has also acted on matters in the District and Local Courts. Andrew has presented papers on commercial and property topics both in-house at 5 Wentworth and to external providers such as the College of Law and Legalwise seminars. Since 2007 Andrew has been a Director of Counsel’s Chambers Limited. Since 2009 he has also been an Advocacy Instructor in the Bar Readers Course run by the NSW Bar Association. In 2023 Andrew was invited to become a member of the NSW Bar Association Practice Development Committee.

Alicia Albury
Alicia specializes in all aspects of commercial property transactions, including property-related restructuring, turnaround and insolvency matters and energy and resources land tenure issues. Alicia is highly experienced in acquisitions and disposals of real estate, regularly advising developers, owners, fund managers, investors and government authorities on industrial, commercial, retail and hotel acquisitions, disposals and development, large scale residential and ‘mixed use’ developments, industrial, commercial and ‘anchor tenant’ retail leasing, property management, joint venture and co-ownership arrangements and major infrastructure projects. Alicia has acted for a range of clients across the public and private sector.

Vincent Tripodina
Vincent is an experienced property lawyer with over 10 years of private practice experience. He has experience of working on the full range of capital transactions, leasing, commercial property ventures and disputes. He also has in house commercial & legal experience managing the whole lifecycle of development projects with JV partners including the Toga GroupG.

Clifford Ireland
Clifford has over 15 years of experience at the Bar, and a total of 26 years as a specialist in environmental, planning, mining and associated areas of property law. Listed as either a leading or recommended barrister in the environmental and planning area in the “Doyle’s Guide” for the past ten years. Since 2020, he has also been listed on the Best Lawyers list in the areas of environmental, climate change, property and water law, including for the current year 2022- 2023. Complementing his specialist practice in environmental, planning law, and environmental crime, he also practices in related areas including mining law, property, building and construction, commercial tenancy, administrative law and judicial review, local government, and in related areas of commercial law. Clifford has advised on and/or appeared in relation to many major projects across the State. He appears both for proponents and objectors. He appears in the Land and Environment Court, Supreme Court, District Court and Local Court, and in NCAT in its commercial leasing and liquor licensing jurisdiction.

Venue

Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia

Parking not included with registration. Possible options:

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Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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