Retail and Commercial Leasing Fundamentals

Amidst deteriorating economic conditions, businesses across the board are facing heightened levels of financial distress, leading to insolvency concerns for many retail and commercial tenants and landlords alike. With a myriad of variations, surrenders, valuation disputes, terminations and PPS related issues, equip yourself with the skills needed to navigate the increasingly contentious world of leasing. As economic conditions deteriorate, don’t let your leasing endeavours too!

Tuesday, 4 June 2024
Early Bird Discount ends 10 May 2024 $556.50
Session 1: Current Leasing Concerns: Variations, Valuations, Subleases & More

Chair: Peter Horobin, Barrister, Tenth Floor St James Hall Chambers

9.00am to 9.50am Outgoings for Retail and Commercial Leases in Today’s Market
  • The requirements under the Retail Leases Act in relation to outgoings
  • The important steps that must be made when acting for a Landlord to ensure your client is entitled to recover outgoings
  • Section 12A Retail Leases Act and common pitfalls to avoid in practice
  • What steps to take if a Tenant stops paying outgoings
  • Drafting issues for both commercial and retail leases in relation to outgoings

Presented by Anthony Herro, Principal Solicitor, Herro Solicitors; Leading Leasing Lawyer, Doyle’s Guide 2023; Recommended Leasing Lawyer, Doyle’s Guide 2019, 2020, 2021 and 2022

9.50am to 10.40am Valuation in Leasing, Market Rent & Renewals: Guide to Avoiding Disputes
  • Timing and initiation of market rent reviews: dealing with delay and failure to initiate review
  • What to take into account when drafting or reviewing a market rent clause 
  • What happens when there are errors or mistakes in valuations
  • Practical tips and solutions for successfully navigating the market

Presented by Catherine Hallgath, Partner, Mills Oakley; Leading Leasing Lawyer, Doyle’s Guide 2023

10.40am to 10.55am Morning Tea
11.40am to 12.25pm Variation, Surrender and Termination of Leases: Tips and Traps
  • Variation
    • When does variation to a lease constitute a surrender and re-grant of the lease?
    • What are the potential implications of agreeing to variations of leases?
    • How recent cases have affected the law in this area
  • Surrender
    • The importance of not overlooking surrender provisions when negotiating and drafting leases
    • When surrender occurs: upon vacation of the space or the satisfaction of specified conditions
    • The practical and legal effect of a failure to surrender in accordance with lease requirements
  • Termination
    • Improvements that must be removed upon expiration of the lease or earlier termination
    • Potential damages in connection with a failure to vacate

Presented by Sebastian Busa, Partner, Baker & McKenzie; Recommended Leasing Lawyer, Doyle’s Guide 2023

12.25pm to 1.15pm Complex Leasing Transactions
  • Subleases
  • Mortgages over leases
  • Concurrent Leases

Presented by Tracy Carr, Senior Property Lawyer, Endeavour Group

10.55am to 11.40am Rectification and Specific Performance of Leases
  • Rectification of leases for common mistake and unilateral mistake
  • Examples of ‘sharp practice’ which may entitle a party to unilateral rectification
  • Rectification as a matter of contractual interpretation
  • Recent decisions, including the use of ‘and’ and ‘or’

Presented by Bede Haines, Barrister, University Chambers

Session 2: Navigating Financial Risk: Insurance, PPSR & External Administrators

Chair: Steven Cominos, Barrister, 6 St James Hall Chambers

2.00pm to 3.00pm Making Effective Use of Insurance, Indemnities and Risk Management
  • Using lease provisions to govern liability and application of insurance proceeds following a casualty
  • Insurance, indemnity, waiver and casualty provisions: what to put into the lease and what to leave out
  • Risk management
  • Property and liability insurance: types of property insurance, what liability insurance covers and exclusions
  • What works, what doesn’t and common mistakes that lead to uninsured claims

Presented by Dannelle Howley, Partner, Squire Patton Boggs

3.00pm to 4.00pm PPSR in Leasing
  • Treatment of fixtures under the PPS Act
  • PPS related due-diligence issues in connection with assignments/sub-leases or when a tenanted property is sold  
  • What to expect if a tenant goes into administration
  • Risk involved in disposal of a tenant’s “personal property”

Presented by Andrew Grima, Partner, Bartier Perry

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Appointment of External Administrators to a Tenant
  • The different types of external administration for corporations
  • The process to enter external administration
  • The effects of external administration on the company, its assets and its directors
  • Rights, interests, strategies and considerations for landlords
  • Rights, interests, strategies and considerations for secured creditors
  • Rights, interests, strategies and considerations for unsecured creditors

Presented by James Parrish, Barrister, Third Floor St James' Hall Chambers

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

Presenters


James Parrish, Barrister, 3 St James’ Hall Chambers
Between 2011 and 2018, James worked as a law clerk, and later as a solicitor, at two leading regional law firms in Wollongong. As a solicitor, James ran a broad range of matters in the NSW Supreme, District and Local courts, NCAT, the Federal Court of Australia, and the Administrative Appeals Tribunal. His practice areas include corporate and commercial law, property, leasing and trusts, disputed wills, family provision claims, building and strata law, and defamation. Between 2018 and being called to the Bar in 2020, James was employed as in-house counsel at a premier boutique liquidator’s firm where he was responsible for much of the firm’s complex litigation in corporate and personal insolvency. James is also an active member of the Australian Army Reserve. He is in the Royal Australian Infantry Corps and holds the rank of Captain.


Dannelle Howley, Partner, Squire Patton Boggs
A leading lawyer with a strong commercial acumen, Dannelle has acted on some of the largest acquisitions, developments and leasing projects in Australia and advises in relation to some of Australia’s most iconic assets. Consistently recognised in Australia’s Best Lawyers, Chambers and Partners and the Who’s Who in Legal, Dannelle’s clients credit her for being “one of the most intelligent lawyers” and “providing succinct, no nonsense practical advice based on her extensive industry experience and legal expertise.” With a specialist focus on complex, structured and large-scale transactions, the depth and breadth of Dannelle’s experience spans the real estate sector having acted for listed and unlisted property funds, private and government clients. She is at the forefront of the real estate sector in Australia and across Asia Pacific, and regularly presents at industry conferences and legal forums. Dannelle currently works at Squire Patton Boggs, a full-service global law firm.


Andrew Grima, Partner, Bartier Perry Lawyers
Andrew 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.


Anthony Herro, Principal Solicitor, Herro Solicitors
Anthony Herro is a recognised expert in retail and commercial leases. Anthony is ranked “leading” in the Doyle’s Guide 2023 in the category “Leading Leasing Lawyers NSW” 2023 and was ranked recommended in 2019, 2020, 2021 and 2022. He is Principal Solicitor of Herro Solicitors, a boutique CBD law firm specialising in Retail and Commercial Leases. Anthony is an accredited Mediator with National Accreditation and is a Mediator with the Office of the Small Business Commissioner. If you have any questions regarding anything in the seminar or this paper, please feel free to telephone Anthony on (02) 9247 0100.


Peter Horobin, Barrister, Tenth Floor St James Hall Chambers
Peter has a diverse civil practice and accepts briefs in all areas of civil law. Since coming to the Bar in 2015, he has appeared in all major courts and tribunals both federally and in New South Wales save for the High Court. Peter has a particular interest in the law of secured transactions and appeared as counsel for the Registrar of Personal Property Securities in Re OneSteel Manufacturing Pty Limited [2017] NSWSC 21, the first intervention in a case by the Registrar. Prior to coming to the Bar, Peter was admitted as a solicitor in 2008, being employed with the Commonwealth Attorney-General’s Department. Within this role he worked in the areas of personal property securities, bankruptcy, native title and significant issues litigation.


Catherine Hallgath, Partner, Mills Oakley
Catherine Hallgath is a Partner with Mills Oakley Lawyers and is a Law Society accredited specialist in property law. Catherine has acted for a range of leading Australian and Asian property owners and has extensive experience in acquisition, development and disposal of major property assets, especially commercial office blocks, retail shopping centres and industrial parks. She has acted for landlords throughout Australia in relation to ownership and management of property assets and for tenants in Australia, New Zealand and Asia, negotiating and advising on commercial, industrial and retail leases. Catherine is the author of the Lexis-Nexis Practical Legal Guidance Leasing Service and a member of the Property Law Advisory Committee for the Accredited Specialist program.


Sebastian Busa, Partner, Baker & McKenzie
Sebastian Busa advises on structured property transactions, joint ventures and the acquisition, development, leasing and sale of industrial, commercial and mixed use developments, commercial and bifurcated property and business structures. He has a large commercial leasing practice and specialises in managing property portfolios for end users including in respect of commercial office, purpose built facilities, industrial warehousing, logistics and rail and port facility developments. As a specialise adviser on property development, Sebastian is also highly experienced in complex title structuring, purpose built facilities, agreement for leases, development agreements, joint venture agreements, fitout deeds and associated trust and taxation structuring. Clients include major property developers, major corporate tenants, institutional investors, and REITs industry participants.


Tracy Carr, Senior Property Lawyer, Endeavour Group
Tracy Carr is a Senior Property Lawyer at Endeavour Group. Tracy has over a decade of experience in legal practice, having worked in both Queensland and New South Wales, and has become an expert in all aspects of property law in a number of Australian jurisdictions. Tracy enjoys transactional and advisory work involving high value commercial, industrial, agricultural and retail property and new developments, across all Australian jurisdictions and overseas (including using electronic conveyancing platforms such as PEXA). Tracy is energised by high profile and complex transactions and is passionate about providing clients with a seamless and efficient experience.


Steven Cominos, Barrister, 6 St James Hall Chambers
Prior to being called to the Bar in 2015, Steven Cominos practised as a solicitor with Clayton Utz, the corporate regulator (ASIC) and spent 8 years working as an in-house counsel in the investment banking sector in London and Sydney, most recently with the Swiss bank, UBS AG. This experience has given Steven a strong understanding of the practical drivers of commercial transactions and contracts from a client's perspective and has helped him develop a practical, solutions-based approach to advising clients and resolving disputes. Steven's expertise has been developed through advising clients on numerous large capital markets transactions and innovative investment products, important corporate law and regulatory reform (FSR, FOFA, PPSA, OTC derivatives) and negotiating and settling disputes involving complex financial products and commercial contracts.


Bede Haines, Barrister, University Chambers
Bede Haines undertakes a diverse range of work including litigating and advising on property disputes, contractual disputes, trade practices and insolvency matters. His experience includes: representing and advising in respect of property disputes including over sale of land contracts, leases, easements, options, service of notices, contracts and property rights; advising property developers, superannuation funds, corporate trustees, large landholders and significant investors in respect of property rights and property disputes; developing strategy in respect of termination of contracts and bespoke contractual clauses to deal with matters which otherwise may often give rise to litigation; conducting a litigation in the Supreme Court, Federal Court, High Court and other courts and tribunals; providing advice in respect of trade practices issues, insolvency issues and debt issues including debt recovery. QUALIFICATIONS include: Bachelor of Arts - University of Sydney; Bachelor of Laws - University of New South Wales. PUBLICATIONS includes: Is it repudiatory for a vendor to erroneously claim interest after issuing a notice to complete, Lexology, August 2017; Deposits and sale of land - take care when increasing deposits under deeds of variation Lexology, July 2017; 'Incentive deeds and contractual penalties', Australian Law Journal, February 2015 'Consents to act and trustee appointments: considering the scope of section 156A(3) of the Bankruptcy Act 1966' Australian Insolvency Journal, 2013 'Strata Management Statements', Australian Law Journal, June/July 2012 'Pre Litigation Protocols', Inhouse Counsel, August 2011; 'Azaleas and the Law', Australian Law Journal, October 2009 'A New Way to Transfer Insurance Business', Insurance Law Bulletin, 2009.

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Retail and Commercial Leasing Fundamentals

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All Sessions
Tuesday, 4 June 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
Early Bird Discount ends 10 May 2024 $556.50
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Morning Session
Tuesday, 4 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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Afternoon Session
Tuesday, 4 June 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
Early Bird Discount ends 10 May 2024 $294.00
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Venue
Cliftons - Margaret St

Level 13, 60 Margaret Street, Sydney

Directions Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)  

 

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St - Rates Click here

Amora Hotel - Rates Click here

Secure Park 20 Bond St - Rates Click here