Retail and Commercial Leasing: Practice and Procedure
By attending this program you will walk away with the information and tools needed to stay at the cutting edge of the competitive world of leasing law. Our leasing experts will review timely issues including insolvency and the effect of ipso facto and safe harbour legislative reforms, assignment and subleasing, indemnities, and the latest cases, all while bolstering your skills and your practice
Description
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in VIC on 13 September 2018
Chair: Max Cameron, Partner, MinterEllison; Best Lawyers 2019, Real Property Law; Leading Property and Real Estate Lawyer and Leasing Lawyer, Doyle’s Guide 2018
9.00am to 9.45am: Assignment and Subleasing
- Tips and tricks for commercial, industrial and retail
- A refresher on the application of the Retail Leases Act and its relevance to assignments and subleasing
- Recent decisions and war stories
Presented by Jennifer McConvill, Special Counsel, MinterEllison; Best Lawyers 2019, Real Property Law
9.45am to 10.30am: Insolvency and Leasing
- Effects of insolvency
- Dealing with insolvency practitioners
- Ipso Facto and safe harbour: What do they mean for leasing?
- Defences to claims by liquidators for preference payments or voidable transactions
Presented by David Dickens, Special Counsel, Hall & Wilcox
10.30am to 10.45am Morning Tea Break
10.45am to 11.30am: Indemnities in Leases
- Current trends in indemnity cover: How are clauses being negotiated?
- Common mistakes in drafting or amending indemnity clauses
- Interaction between insurance and indemnities
Presented by Jane Baddeley, Partner, DLA Piper; Best Lawyers 2019, Real Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2018
11.30am to 12.10pm: Case Law Update
- Recent retail and commercial leasing case law and implications for landlords and tenants
- William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd [2018] VCAT 15: Is a lease in or out of the Retail Leases Act?
- Current market rent determinations: interpretation of the requirement for ‘detailed reasons’
- Update on the ‘ultimate consumer’ test post-CB Cold Storage
Presented by Nafsika Palbas, Associate, Tisher Liner FC Law; Accredited Property Law Specialist and Law Council of Australia 2017 Victorian Young Property Lawyer of the Year; Winner 2018 Lawyers Weekly's 30 Under 30 Award - Construction and Real Estate
12.10pm to 1.00pm: INTERACTIVE CASE STUDY: Landlord vs. Tenant: Working through the Issues
Work through a dispute involving a landlord and tenant and consider the different issues and perspectives that often come up. The session will demonstrate the differing positions taken by each party and potential outcomes through negotiations.
Presented by Amy Sheggerud-Woods, Partner, Marsh & Maher Richmond Bennison; Accredited Specialist in Commercial Litigation and Donna Ross, Mediator, Lawyer & Arbitrator, Donna Ross Dispute Resolution; Accredited Specialist in Mediation
1.00pm to 1.15pm Final Comments from the Chair