Retail and Commercial Leasing Conference
On the surface leasing is so simple. A tenant forks over some cash. A landlord gives them a place to setup shop in return. What could go wrong? Well…A LOT. Fail to keep up with legislative reforms and market trends? Problems. Underestimate the intricacies of pre-lease agreements, complex leasing structures or clawback clauses? Problems. Mislead a party, dispute a valuation or forfeit a lease? Problems. Ensure you’re not caught out by these potentially disastrous situations
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This conference was recorded in NSW on 15 November 2018
Session 1
Critical Leasing Updates, Drafting and Negotiation
Chair: Paul Carroll, Partner, Carroll & O’Dea Lawyers; Accredited Specialist in Property Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: New Leases, Significant Leasing Reforms, Developments, and Trends
- New Law Society Leases: retail and commercial versions
- Recent cases on retail and commercial leasing
- Recent legislative changes and proposed reforms
Presented by Gary Newton, Partner, HWL Ebsworth; Accredited Specialist in Property Law; Best Lawyers 2019, Leasing Law and Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2018
9.50am to 10.35am: Retail and Commercial Leasing Market Snapshot
- Insights into current market conditions for Sydney office, commercial and retail spaces
- The latest economic indicators and trends in rent
- Supply and vacancy data
- Analysis of the current market, possible trends to come, and the potential impact on the retail and commercial leasing space
Presented by John Sears, Head of Research, Australia & New Zealand, Cushman & Wakefield
10.35am to 11.20am: Pre-Lease Heads of Agreement, Agreements for Lease and Purpose Built Facilities
- When to use heads of agreement and when they’re binding
- The relationship between heads of agreement and agreement for lease
- Landlord’s works, plans and consents
- Practical completion considerations
- Extensions of time, variations and penalties
- Risk issues: financing, mortgagee issues and insurances
- Incentives
- Purpose built facilities
- Considerations to watch out for, common disputes and avoiding pitfalls
Presented by Andrew Grima, Principal, Coleman Greig Lawyers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Complex Leasing Structures
- Subleases: unique structures for subleases and how to avoid common risks with subleases
- Concurrent leases: identifying when and why to use concurrent leases and best practices and procedures for implementing them
- Leases and licences under specific legislation
- Special leases and how they are different from common leases, including Crown Land and leases involving unique businesses or unusual circumstances
Presented by Catherine Hallgath, Partner, Mills Oakley Lawyers; Accredited Specialist in Property Law; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2018
12.20pm to 1.05pm: Clawback Clauses: Risks and Enforceability
- Types of clawback clauses requiring repayment of leasing incentives
- Drafting effective clawback clauses
- Advising on the risks of clawback clauses
- Analysis of recent cases
Presented by Steven Askew, Special Counsel, HWL Ebsworth
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Leasing Conflicts and Disputes
Chair: Steven Cominos, Barrister, Level 6 St James Hall Chambers
2.00pm to 3.00pm: Misleading and Deceptive and Unconscionable Conduct in Retail Leases
- Overview of the law and the relevant provisions of the Retail Leases Act
- Highlighting key decisions which are essential knowledge for practitioners in this area
- Summary of recent decisions relation to unconscionable conduct and misleading and deceptive conduct in leasing
Presented by Catherine Hallgath, Partner, Mills Oakley Lawyers; Accredited Specialist in Property Law; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2018
Paper prepared by Anthony Herro, Principal Solicitor, Herro Solicitors
3.00pm to 4.00pm: Rent Review and Drafting for and Disputing Market Rent Reviews
- Renewals, market rent reviews and valuations
- How valuers are valuing vs how this sits overall with the Retail Leases Act
- Practical examples and common errors faced by practitioners
- Practical tips and examples for drafting and disputing market rent reviews
- Case review: market rent reviews, where they can go wrong, and what to do about it
Presented by Sebastian Busa, Partner, Baker & McKenzie; Recommended Leasing Lawyer, Doyle’s Guide 2018
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm: Exercising Options and Relief Against Forfeiture of a Lease
- Proper exercise of an option, relief against failure, breaches
- Practical tips: advising your client when there has been a failure to exercise an option
- Obtaining relief against forfeiture of a lease: advice to tenants and landlords
- Effect of non-compliance with and/or waiver of mandatory statutory obligations
- Case law update
Presented by Robert Speirs, Partner, Speirs Ryan