Retail and Commercial Leasing Review
Issues covered include: Outgoings, Special Conditions, Negotiation Strategies, Developments, Owners Corporation Law, Leasing, Retail Leases Amendment Bill 2019, Breaches of Lease
Description
The legal issues impacting the leasing sector are evolving and you must keep up with the latest developments and strategies to succeed. Learn what you need to know about the hottest new cases, new developments in the Retail Leases Act’s applicability, key developments in outgoings and mixed use developments, new risks emerging in the current market and more.
Attend the full day and earn 5 CPD units in Substantive Law
Session 1
Leasing Law & Practical Strategies
Chair: Max Cameron, Partner, MinterEllison
9.00am to 10.00am: Outgoings for Retail and Commercial Leases: Key New Developments
- Outgoings payment structures
- Proper outgoings inclusions
- Capital vs non capital expenses
- Current issues in outgoings
- Phillips v Abel [2019] VCAT 1031 and the significant implications for landlords and tenants regarding the recovery of and liability for outgoings
Presented by Luke Virgona, Barrister, Greens List
10.00am to 11.00am: 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 such as incentives, rent free, fit out incentives and contributions
- Negotiating terms in this market
Presented by Samantha Taylor, Special Counsel, Russell Kennedy Lawyers
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: The Interplay Between Mixed Use Developments, Owners Corporation Law and Leasing
- The rise in mixed use spaces: how to navigate developments involving a mix of retail, residential units, student accommodations and commercial offices
- When and how does the Retail Leases Act apply to mixed use developments? clearing up the misconceptions
- Structuring issues: how to set up a mixed use development, the key leasing issues to consider, and how to operate in one
- Cost sharing: properly apportioning and dividing outgoings in your lease agreements
Presented by Rochelle Castro, Principal Lawyer, RC & Co Lawyers
Session 2
Breaches, Disputes and the Retail Lease Act’s Applicability
Chair: Max Cameron, Partner, MinterEllison
2.00pm to 2.45pm: The Retail Leases Amendment Bill 2019 (Vic): Significant New Changes
Proposed amendments to the Retail Leases Act will have a significant impact on landlord and tenant rights and compliance obligations. Examine the status of the Bill, the key takeaways and how it may all play out in practice.
Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist in Commercial Tenancy Law
2.45pm to 3.30pm: When Does the Retail Leases Act Apply? Critical New Cases and Developments
- Outline of the history of and test considered by the Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178
- Consideration of subsequent cases that have applied that test and raised related issues about the application of the Retail Leases Act 2003 (Vic) and the ultimate consumer test
- Discussion of the Supreme Court decision in Richmond Football Club Ltd v Verraty Pty Ltd [2019] VSC 597
- Discussion of emerging areas of controversy in the application of the Act
Presented by Sam Hopper, Barrister, Greens List
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Breaches of Lease: How to Avoid and Otherwise Resolve
- General strategies for avoiding and managing defaults
- Warning signs and important principles
- Non-payment of rent
- The tenant and landlord perspectives: common issues that arise
- Dealing with insolvency practitioners
Prepared by David Dickens, Special Counsel, Hall & Wilcox
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
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