Expand your professional toolbox by taking a closer look at some of the more specialised areas of leasing. Examine potential complications, rights and negotiating terms in franchise leases, review sale and lease back arrangements and consider your options in instances of disclaimer of leases by liquidators in this unique leasing series. When these types of leasing arrangements come across your desk, don’t let them be your weak spot.
Description
Attend the full series and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
Unique Lease Structures: Franchise Leasing
Friday, 1 September 2023
A key element in operating a successful franchise system is obtaining great retail locations in which to operate franchised units. The old adage “location, location, location” is not merely a cliché, but a hard truth. It’s vital to secure leases that properly protect your ownership interest in the franchised business. Attend and explore key lease provisions and negotiation approaches that are unique to franchise leasing and get the best results for your client in your next lease agreement.
1.00pm to 2.00pm Franchise Leasing
- When can landlords withhold consent?
- Changes in control of the tenant’s entity
- Franchise leases: Complications that arise when the lease is held by the franchisor and by the franchisee
- Step in rights/fit-out/contributions: negotiating best terms with the landlord
Presented by Andrew Grima, Partner, Bartier Perry Lawyers
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Andrew Grima, Partner, Bartier Perry LawyersAndrew Grima is a Partner at Bartier Perry. Andrew has significant experience and expertise in all facets of retail and commercial leasing, including: assisting and advising both landlords and tenants in their negotiations; drafting leases and other related transactions; assignments, surrenders and enforcement of obligations. Andrew also has extensive experience in major leasing and construction projects. Andrew approaches his legal matters in a practical way -getting to the real issues at hand by bringing clients together to communicate with each other about their concerns. By getting the parties to the table quickly, Andrew finds that they are able to move past the legal fog to identify the real issues. This means matters are usually resolved quickly and efficiently, allowing his clients to focus on running their businesses. Andrew has acted for clients across a range of industries with regard to leases for premises of various sizes including national franchisors, retailers and distributors, local subsidiaries of foreign companies, ASX listed companies, local councils, government departments and government related entities, universities and SMEs. He has also acted on behalf of landlords in negotiating and drafting leases of sites to telecommunications carriers for the purposes of providing telecommunications facilities. Depth of experience and exposure to a wide range of clients and sectors provides Andrew with the expertise to resolve your legal needs. In addition to his legal and economics and accountancy degrees, Andrew is a graduate of the Australian Institute of Company Directors and has a sound understanding of the financial and governance issues affecting companies. Andrew also has experience in commercial securities and has acted on behalf of major clients such as financial institutions, a listed pharmaceutical company and numerous manufacturing and supply companies with regard to drafting and registering securities and related transactions. In keeping with the firm's core values, Andrew has a strong commitment to the community. He regularly presents to peers and clients in his particular areas of expertise with a strong emphasis on providing training for other lawyers and his clients' in-house teams. Andrew has also championed fundraising activities on behalf of the firm for not-for-, profit organisations, and is the driving force behind the Coleman Greig Challenge, an annual initiative that raises funds for St Gabriel's School for Children with Special Needs, the Royal Institute for Deaf and Blind Children, and My Westmead.
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Unique Lease Structures: Sale and Lease Back, Disclaimer and Franchise
Friday, 8 September 2023
After a tumultuous start to 2020, the sale and leaseback market has been one of the most active sectors of the Commercial Real Estate market. Sale and leaseback transactions are worthwhile considerations for companies looking to pull-back or reallocate capital. Don’t miss this chance to explore common transaction structures, purchase contract issues, key tax issues and receive an inventory of tips, tricks and negotiation points.
1.00pm to 2.00pm Sale and Lease Back Arrangements
- Commercial rational for sale and leaseback transactions including discussion of key/unique commercial considerations
- Discussion of common transaction structures (operating v finance lease)
- Purchase contract issues: including due diligence, passing of risk, environmental risk, cross default, warranties and CAPEX
- Lease terms: issues with triple net leases, outgoings, repair, alterations, insurance, assignment, make good, rent review structuring, reporting obligations and buy-back options
- Discussion of tips, tricks and key negotiating points
- Tax issues: including stamp duty, GST and capital gains tax implications
- Addressing issues with existing occupiers
Presented by Benjamin Adams; Senior Associate, Baker McKenzie (Melbourne);former lead deal counsel at Intermediate Capital Group plc (London)'s Sale and Leaseback Fund; NSW Young Property Lawyer of the Year, Law Council of Australia, NSW Division, 2015; former member of the NSW Law Society's Property Law Committee
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Benjamin Adams, Senior Associate, Baker McKenzieBenjamin is a Senior Associate in Baker McKenzie's Commercial Real Estate Group in Melbourne and vice-chair of the ANREV Young Professionals Working Group. In his role as former lead deal counsel at FTSE 100 listed private equity firm Intermediate Capital Group plc's Sale and Leaseback Fund, Benjamin advised on the acquisition (via sale and leaseback), finance and asset management of alternative real estate assets across Europe, including logistics, industrial, retail and life science assets. Major transactions included the sale, leaseback and forward fund of Jaguar Land Rover's global parts and distribution facility being Europe's largest ever single occupier logistics park. Now back in private practice, Benjamin advises on the legal aspects of commercial property transactions with a focus on cross-border capital markets. He works with major listed and unlisted property funds, pension funds, large developers and major corporate tenants across a range of asset classes but predominately focused on the healthcare and life sciences sectors. He is based in Baker McKenzie's Melbourne office and has previously worked in Baker McKenzie's Sydney and London offices.
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Unique Lease Structures: Disclaimer of Leases by Liquidators
Friday, 15 September 2023
What happens to a lease when it all goes wrong? Join for a detailed exploration on disclaimer of leases by liquidators and examine the statutory power of disclaimer and the procedure for enacting powers. Breakdown the who, what, when and why in relation to a disclaimer taking place, challenging a disclaimer, the effect on a landlord and what to do about abandoned goods.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
1.00pm to 2.00pm Disclaimer of Leases by Liquidators
- Liquidator's statutory power of disclaimer
- Including where the company is either the tenant or the landlord
- Overview of the High Court’s decision in Willmott Growers Group Inc v Willmott Forests Ltd (2013) 251 CLR 592; [2013] HCA 51
- Procedure for the exercise of the power of disclaimer
- When a disclaimer takes effect
- Challenging a disclaimer
- Effect of disclaimer on leasehold land
- Issues concerning abandoned goods in leased premises after disclaimer
- Abandoned goods clauses and the decision in Bellaire Pty Ltd v Roselink Enterprises Pty Ltd (No 2) [2020] WASC 390
- Seeking orders under the Uncollected Goods Act 1995 (NSW) or equivalent state legislation
- The landlord's ability to call on a bank guarantee in circumstances where a liquidator is appointed
Presented by Anthony Sommer, Senior Associate- Insolvency, MinterEllison and Amy Southwell, Partner, MinterEllison
Presenters
Mr. Anthony Sommer, Senior Associate- Insolvency, MinterEllisonAnthony Sommer is a Senior Associate at MinterEllison. Anthony is an experienced restructuring, insolvency and commercial litigation lawyer. He focuses on delivering practical solutions for clients in a clear manner. Anthony enjoys working together with clients to help them achieve their objectives. He regularly advise clients in relation to restructuring and insolvency matters including formal external administration processes, informal restructuring transactions, creditors' schemes of arrangement and loan-to-own transactions including cross-border matters. Anthony also has extensive experience in assisting clients with commercial dispute resolution and litigation, members' schemes of arrangement, regulatory matters and investigations. He is also a member of the Australian Restructuring Insolvency & Turnaround Association (ARITA) and the Turnaround Management Association of Australia (TMA).
Ms. Amy Southwell, Partner, MinterEllison
Amy Southwell is a Partner in the Sydney disputes team. Amy is a specialist property, development and leasing disputes lawyer (commercial, retail, industrial and agricultural leasing) and acts on behalf of key property funds, institutional investors and landlords in the Sydney CBD and property developers in regional NSW. Amy's clients include Lendlease, Dexus, QIC, Government Property NSW, RMS, Brookfield, GPT, Charter Hall, Frasers, Mirvac and AMP Capital. For over 13 years, Amy has successfully acted on behalf of leading companies, property investment groups (real estate, development and leasing), the NSW Government, statutory corporations (including UrbanGrowth NSW), landlords, tenants, construction and building product companies (including CSR), property developers, banks (asset management) and private net worth individuals, in commercial litigation of a complex nature. Amy is experienced at reviewing contracts, in particular, lease agreements and advising clients in relation to the drafting of provisions so as to guard against risk. In 2016, Amy was nominated by clients as Special Counsel of the year in the Australian Law Awards and Women in Law Awards.
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