Retail and Commercial Leasing: Drafting, Negotiating and End-of-Lease Challenges

Ready to level up your leasing practice? Ensure the success of your leasing transactions by adding to your inventory of practical skills, tips and tricks. From constructing effective agreements for lease, to negotiations and make good obligations. Be prepared to handle problematic tenants through effective strategies for termination, disputes, and misconduct and ensure you’re able to protect your clients’ interests at every stage of the leasing lifecycle. Don’t miss this A-Z guide to Retail and Commercial Leasing.

Wednesday, 11 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Description

Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation

This course has been approved by DMIRS under elective category 2.
CPD Approval Number: LEGALW26 (4 CPD Hours) Face to Face
CPD Approval Number: LEGALW27 (4 CPD Hours) Online

10.00am to 11.00am Negotiating a Lease: When do you Have a Legally Binding Contract?

 

  • Features of a binding agreement including a synopsis of the Masters v Cameron categories
  • Concepts of uncertainty and incompleteness
  • How ‘heads of agreement’ and ‘term sheets’ are considered
  • Case examples involving leasing and property transactions and analysis of the courts’ determination on whether the negotiations ended in a binding agreement
  • Important takeaways and tips when negotiating a lease

Presented by Matt Lenhoff, Principal, Zafra Legal

11.15am to 12.15pm Make Good and End of Lease Obligations: Practical Drafting Tips

 

  • Make good and the HOA/ terms sheet stage
  • The intersection between repair and maintenance and make good
  • The intersection between tenant alterations and additions and make good
  • Are make good clauses becoming more or less prescriptive?
  • Lump sum payments in lieu of make good
  • Lessons from the cases

Presented by Simon Moen, Partner, Jackson McDonald; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2024

Chair


Brendan Ashdown, 
Barrister, John Toohey Chambers; Recommended Wills & Estates Litigation Barrister, Doyle’s Guide 2023; Recommended Family Law Barrister, Doyle’s Guide 2024

9.00am to 10.00am Heads of Agreement, Agreements for Lease, Special Conditions and Flexible Arrangements

 

  • What is the difference between a heads of agreement and an agreement for lease?
  • Why do we need a heads of agreement or an agreement for lease?
  • Security arrangements
  • Certainty of contract
  • Key provisions
  • Statutory requirements

Presented by Peter Beekink, Partner, Lavan; Preeminent Property & Real Estate Lawyer, Doyle’s Guide 2015-2024, Best Lawyers 2024, Real Property Law

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Leases in Trouble: Termination, Disputes and Misconduct


Whether you're dealing with a problematic tenant or navigating the legalities of ending a lease, leave with the knowledge you need to protect your clients’ interests as you consider:

  • Termination and repudiation
  • Misleading or deceptive conduct
  • Unconscionable conduct
  • Insolvency-related issues

Presented by Tom Webb, Barrister, Quayside Chambers

Presenters


Brendan Ashdown, Barrister, John Toohey Chambers
Brendan Ashdown has been admitted to legal practice for over 25 years. After founding his own firm, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers. Brendan undertakes trial and appellate work in a wide range of areas with an emphasis on equity & trusts, insolvency, contested wills & estates, and family law property matters (appeals, trust, company & third party issues).


Peter Beekink, Partner, Lavan
Peter Beekink is an internationally recognised lawyer practising in property law in Australia. Peter has represented the state of Western Australia and a number of its departments in significant land development projects in Western Australia. These projects have resulted in the delivery of some of Perth’s best known residential suburbs. Peter has also acted on significant land projects (both built form and vacant land) for private sector clients, some of these projects have been the largest transactions of their type in Western Australia. Peter often acts for offshore clients buying and selling significant real estate assets in Western Australia and has provided innovative solutions and structuring to effect land acquisitions and developments in Western Australia. These solutions have delivered significant wealth benefits to his clients. Peter has also advised on some of the largest agribusiness transactions in Western Australia. Peter acts for a number of landlords with respect to their leasing requirements in Western Australia. This covers retail, industrial and commercial leasing. Peter is the Western Australian editor of Thomson Reuters Retail Leasing in Australia. He is also on the editorial panel for the Australian Property Law Bulletin, his articles on real estate law are published throughout Australia. Peter regularly speaks to industry forums including events by the Property Council of Australia. He is in demand as a speaker on real estate law in Western Australia.


Matt Lenhoff, Principal, Zafra Legal
Matthew is an experienced commercial litigator and practises in a broad range of areas including commercial and partnership disputes, Corporations Act advice, property and lease disputes, consumer and competition law and insolvency. He has significant experience in building and construction matters including adjudications under the security of payment legislation and arbitration hearings. Matthew regularly appears as counsel in contested matters in State and Federal Courts as well as the State Administrative Tribunal. Matthew also assists business owners with their commercial dealings, including in relation to terms and conditions, service agreements and other commercial contracts, and he routinely helps clients with registering trade marks. Matthew is an experienced negotiator and advocates strategies that obtain the best commercial outcome. He works closely with his clients to provide pragmatic and concise legal advice to meet their needs and challenges and has developed a strong reputation for delivering a personalised and attentive service. Matthew holds a Bachelor of Laws and Bachelor of Commerce from the University of Western Australia.


Simon Moen, Partner, Jackson McDonald
Simon is an experienced real property lawyer. For the duration of his career, he has practised in all areas of real estate, strata titling and land development law. Simon has an in-depth knowledge of the land subdivision process, the acquisition and disposal of major parcels of land, shopping centres and office buildings. Simon advises property developers, local governments and not for profit organisations in relation to the structuring and implementation of real estate projects and drafts joint venture agreements, development agreements, real estate related service agreements, project delivery agreements and land development agreements. He also has particular expertise in the area of anchor tenant leasing, having acted for major retail and commercial tenants and landlords.


Tom Webb, Barrister, Quayside Chambers
Tom has an extensive background in commercial disputes, with particular experience in international and domestic arbitration, construction law, shareholder and joint venture disputes, as well as corporate and regulatory matters. He has acted in disputes arising in a range of industries, including energy, mining, infrastructure, banking, telecommunications and technology. He has specialist experience in international arbitration, having practised in this field in London, Sydney and Perth, including advising on arbitrations under a range of arbitral rules (ICC, LCIA, UNCITRAL, ACICA, SCC, etc.) and in several arbitral seats in the Asia-Pacific and elsewhere. For several years, he has been a guest lecturer on the International Commercial Arbitration course at the University of Western Australia Law School. In addition to his arbitration work, Tom has acted in major commercial litigation in state and federal jurisdictions in Australia. He also has extensive experience of mediation and expert determination. Before coming to the Bar, he was a partner of the global law firm Clyde & Co, practising mainly in international arbitration and construction/energy disputes. Earlier in his career, he spent several years at Herbert Smith Freehills LLP in London, and at Mallesons Stephen Jaques (now King & Wood Mallesons) in Sydney. He began his career as Associate to the Hon. Justice Bleby of the Supreme Court of South Australia. In 2012, he became qualified as a Solicitor-Advocate (Civil) in England and Wales. Tom has a Bachelor of Arts and a Bachelor of Laws (with first class honours) from the University of Adelaide and a Master of Law from the University of Cambridge (where he was awarded a Cambridge Commonwealth Trust bursary). Tom accepts briefs in all areas of commercial law and in civil regulatory matters. He also accepts appointments as arbitrator and mediator.

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Retail and Commercial Leasing: Drafting, Negotiating and End-of-Lease Challenges

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Single Session
Wednesday, 11 September 2024
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
Face to Face 20240722 20240911

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Online 20240722 20240911

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On Demand 20240722 20240911

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Venue
Cliftons - Perth

Parmelia House, 191 St Georges Terrace, Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

Parking Information

Parking not included in your registration.

Here is an option:
Wilson Parking - St Georges Square, 225 St Georges Terrace Perth  - click here for rates.