Retail and Commercial Leasing Review
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.
Description
There are countless issues that can arise between a tenant and a landlord. Any of them can quickly spiral into chaotic quagmires and contentious disputes that your clients will expect you to fix efficiently and effectively. Ready yourself for the turmoil your clients will heave upon you by catching up on game changing new laws, significant reforms, and how to resolve some of the more difficult challenges that arise in leasing.
Attend and earn 7 CPD units including:
5 units in Legal Knowledge
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This conference was recorded in QLD on 12 March 2019
Session 1
Resolving Conflicts & Disputes in Leasing
Chair: Rebecca Castley, Partner, Colin Biggers & Paisley; Accredited Specialist in Property Law; Leading Leasing Lawyer & Recommended Property & Real Estate Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Real Property Law
9.00am to 10.00am: DISPUTES CHECKLIST: Retail Shop Lease Disputes: A Checklist of Common and Complex Disputes and How to Handle Them
Explore some common and not so common retail lease disputes that can arise. Work through examples and key cases while receiving guidance on how to approach these issues to minimise risk and harm to your clients.
- Pre-contractual issues
- Misleading and deceptive conduct
- Disruption claims
- Arrears and damages
Presented by Alexandra Ottens, Senior Associate, Holding Redlich
10.00am to 11.00am: Tenant vs Landlord: Recourses for Tenants for Landlord Non-Performance
- A landlord’s common law duties and exactly what constitutes a breach
- Statutory requirements under the Retail Leases Act
- Promises implied in a lease: what implied covenants can a tenant rely on and what sorts of situations might give rise to a breach?
- Understanding compensation, damages and rent abatement
Presented by Robert Lyons, Senior Associate, Broadley Rees Hogan
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: QCAT CHECKLIST: QCAT: Practical Checklist for Retail Shop Leasing Disputes
- Retail tenancy disputes and jurisdictional issues
- Review and hearings: insights into the Tribunal’s processes
- Injunctions: timelines, urgent cases, ex parte applications, evidentiary issues and case update
- Checklist of considerations in retail leasing matters in QCAT
Presented Susan McNeil, Barrister, Alfred Lutwyche Chambers
Professional Skills
12.15pm to 1.15pm: Resolving Leasing Disputes through Mediation
Gain insights and practical tips for landlords, tenants and their legal representative when dealing with leasing disputes through mediation.
Presented by Douglas Murphy QC, Inns of Court
Session 2
Critical Leasing Issues
Chair: Michael Byrom, Director, Broadley Rees Hogan
2.00pm to 3.00pm: Risk and Compliance Issues
- Combustible cladding and amendments to the Building Act
- Green star rating refresher
- Contaminated land
- Asbestos
- OH&S issues for landlords and tenants
- Insurance issues for landlords and tenants
Presented by Brian Noble, Director, Noble Advice; Leading Property & Real Estate Lawyer and Leasing Lawyer, Doyle’s Guide 2018
3.00pm to 4.00pm: Your Tax Toolkit for Leasing
- Checklist of fitouts and depreciation
- Lease incentives and their tax implications
- Cash incentives & non cash incentives
- Fitouts
- Taxation of payments made by the tenant or landlord for terminating, amending or extending a lease
- GST in leasing
- GST clauses; GST and lease incentives
- Leasing enterprise as a going concern
Presented by Chris Davis, Principal, McInnes Wilson; Accredited Specialist in Taxation Law; Recommended Commercial Lawyer and Tax Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Corporate Law
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm: Current Market Conditions for Commercial Tenancies
- National Office Market Overview
- Queensland Office Market Review
- What does this mean for tenants and landlords?
Presented by Justin Clarke, Director, McGees Property