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!

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.


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.


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, Head of Property, Zed Law
Tracy Carr is the Head of Property at Zed Law, based here in Sydney. 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.


Sam Darwish, Senior Associate, Watson Farley & Williams
Sam has a diverse commercial disputes practice, specialising in property, technology and corporations disputes. He often acts for hotel owners and operators, major retail shopping centre landlords, commercial and retail tenants, property developers and property investment funds. Sam has advised on property disputes relating to leases, hotel management agreements, easements, put and call options, adverse possession, and land sale contracts. Sam has appeared and also instructed counsel in a range of Australian courts, including the Federal Court of Australia, all NSW State Courts, and also in arbitrations and mediations.