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. Underestimate the intricacies of pre-lease agreements, owners corporation issues, and tax concerns? Problems. Mislead a party, dispute a valuation or breach or forfeit a lease? Problems. Ensure you’re not caught out by these potentially disastrous situations by shoring up your knowledge and skills at this wildly useful and practical conference.
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
0.5 unit in Professional Skills
0.5 unit in Practice Management & Business Skills
1 unit in Ethics & Professional Responsibility
This conference was recorded in VIC on 14 November 2018
Session 1
Critical Leasing Issues
Chair: Lily Tell, Principal, Tell Property Lawyer; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2018
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Heads of Agreement, Agreements for Lease, Special Conditions and Flexible Arrangements: Negotiating and Drafting
- When heads of are agreement binding
- When to use an agreement to lease
- Negotiating for success
- Using special conditions to achieve flexible outcomes
- One view on drafting for the future
Presented by Mark Flynn, Partner, McKean Park Lawyers
9.50am to 10.35am: 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 Jane Gregory, Barrister, Young’s List
10.35am to 11.20am: The Interplay Between Owners Corporations and Leases
- Leasing common areas from Owners Corporations: the importance of clarifying the boundaries of lots and common property
- How to get a lease from an Owners Corporation: procedural requirements and factoring in delays
- Challenges to validity of leases granted by Owners Corporations
- Practical examples and analysis of VCAT cases
Presented by Phillip Leaman, Principal, Tisher Liner FC Law
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Your Toolkit for GST Issues in Leasing
- Checklist of the critical GST Issues that arise in leasing and how to deal with them
- GST issues in leasing transactions
- Lease incentives, premiums, surrender payments, and outgoings
- Mixed use premises
- Drafting leases with effective GST and tax-related clauses
- Where do things go wrong?
- Drafting clear, comprehensive and consistent GST clauses
- ATO penalties, interest and legal fees
- Dealing with tax invoice and adjustment note requirements
- Reimbursements
- Other GST issues in leasing, including long-term leases and leases in developments
- GST issues related to leasing disputes: compensation claims
Presented by Cameron Forbes, Senior Associate, Clayton Utz
12.20pm to 1.05pm: Valuations in Leasing: Renewals, Market Rent Reviews and Valuation Pitfalls
- 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 William Stark, Barrister, Greens List Barristers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Leasing Trends, Disputes and Ethics
Chair: Nicole Maxwell, Partner, HWL Ebsworth; Best Lawyers 2019, Leasing Law and Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2018
Practice Management & Business Skills
2.00pm to 2.30pm: Retail and Commercial Leasing Market Snapshot
- Insights into current market conditions for Melbourne 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 Tony Crabb, National Director, Research, Cushman & Wakefield
Professional Skills
2.30pm to 3.15pm: 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 Samuel Hopper, Barrister, Greens List Barristers
3.15pm to 3.30pm Afternoon Tea
3.30pm to 4.15pm: Breaches, Damages and Compensation: Legislation, Strategies, Practice and Procedure
- Breaches and entitlement to damages at common law and under legislation
- Calculating and assessing damages
- Liquidated damages
- Claiming against bank guarantees/bonds
- Practice and procedure for claiming damages
Presented by Philip H Barton, Barrister, Foley’s List
4.15pm to 5.15pm: ETHICAL CASE STUDIES: Ethical Disasters in Leasing: Real World Case Studies and Practical Guidance
Examine ethical entanglements that can derail a matter and your practice by exploring some complex and vexing issues that can trip up even the most experienced practitioner if they’re not prepared.
Presented by Michael Dolan, Director, ethics4lawyers