Retail and Commercial Leasing

Do you have the knowledge to excel in today's leasing environment? Are you up-to-speed on key leasing issues and solutions? Navigate the murky waters of term sheets and heads of agreement to prevent disputes and effectively manage the unfair contracts regime to strengthen your negotiations. Ensure your clients are covered regarding outgoings and approvals as you tackle the challenges posed by mixed-use developments and avoid costly valuation errors with practical insights into drafting market rent clauses and tax.

Tuesday, 18 March 2025
Description

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

11.20am to 11.35am Morning Tea
11.35am to 12.25pm Unfair Contract Terms: The Impact on Leasing Transactions

 

  • The trend toward mitigating the imbalance in bargaining power in leasing transactions
  • Common leasing provisions susceptible to being captured by the regime
  • Tips and tricks for complying with the regime or utilising it in negotiations 

Presented by Sam Darwish, Principal, Civic Lawyers Australia

Session 2: Leases: Tax, Valuations and Disputes

Chair: Jane Wolfe, National Partner, Madison Marcus

3.00pm to 4.00pm Tax Issues in Leasing

 

  • Leasing and income tax (including CGT): a refresher on issues of lease incentives, fit-outs, capital allowances and other tax write-offs
  • NSW State taxes and leases
  • GST and leasing 

Presented by Denis Barlin, Barrister, 13 Wentworth Chambers

4.00pm to 4.15pm Afternoon Tea
Session 1: Navigating Lease Agreements: Key Insights and Practical Strategies

Chair: Bernard Lloyd, Barrister, Nine Wentworth Chambers

9.00am to 10.30am A Comprehensive Overview of the Retail Leases Act

 

  • Gain a summary of key provisions of the Retail Leases Act: essential provisions that should be top of mind and some important but frequently overlooked provisions
  • Essential information for anyone who practices in the area of retail leases and will be equally relevant for both senior practitioners and junior lawyers 

Presented by Anthony Herro, Principal Solicitor, Herro Solicitors; Recognised in The Best Lawyers in Australia 2025 for Leasing Law; Leading Leasing Lawyer, Doyle’s Guide 2024

10.30am to 11.20am Navigating Lease Negotiations Case Law Review: Is Your Term Sheet Binding or Non-Binding?

 

Most commercial leases start with a term sheet or heads of agreement - it is the essence of the commercial agreement but is not always treated with sufficient gravity.  

  • Review the relevant case law
  • Explore when a term sheet or heads of agreement is binding on the parties and the importance of express language as well as ongoing conduct
  • Consider practical examples and work through scenarios to identify when (and how) to bind another party as well as how to preserve your client’s right to withdraw 

Presented by Leisha de Aboitiz, Partner, Massons; Leading Leasing Lawyer, Doyle’s Guide 2024

12.25pm to 1.15pm Strata Issues in Mixed-Use Developments

 

  • Contributions to outgoings: What to pass onto tenants?
  • Approvals for use: hours, noise levels, owner's corporation sign off
  • Use of common areas and owner's corporation approval for specific exclusive rights 
  • Impact of by-laws on leasing
  • Approval of fit out and works
  • Car parking
  • Due diligence when entering a lease 

Presented by Andrew Grima, Partner, Bartier Perry 

2.00pm to 3.00pm Your Complete Guide to Market Valuations

 

Whether you're dealing with complex leases or everyday transactions, gain essential insights to strengthen your approach.  

  • Discover key considerations for drafting or reviewing market rent clauses
  • Learn how to address errors or mistakes in valuations
  • Gain valuable tips for ensuring successful outcomes in the market 

Presented by Sara Hatcher, Consulting Principal, Keypoint Law; Best Lawyers 2024, Real Property Law

4.15pm to 5.15pm Breaches, Termination, Relief Against Forfeiture and NCAT

 

  • Defaults which justify termination
  • Terminating leases
  • What is relief against forfeiture and how does it work?
  • NSW Civil and Administrative Tribunal: jurisdiction and process 

Presented by Maria Tsakirios, Special Counsel, MinterEllison

Presenters


Bernard Lloyd, Barrister, Nine Wentworth Chambers
Bernard has more than 15 years' experience in commercial litigation, specialising in commercial, equity, real property, tort and consumer law. He has appeared for clients in the Federal Court of Australia, the New South Wales Court of Appeal, Supreme Court, District Court, Local Court and the NSW Civil and Administrative Tribunal. He also regularly appears as an advocate in mediations. Bernard has a particular interest in transport law, having practised for many years as a maritime litigator, including in the London office of Clyde & Co. He has acted for shipowners, charterers, importers, cargo interests and freight forwarders.


Leisha de Aboitiz, Partner, Massons
Leisha De Aboitiz is a Partner at Massons and has been practising as a commercial property lawyer for more than 15 years. She is experienced in various aspects of property law, including sales and acquisitions, leasing, property development, and specialist property-related advice. Leisha is a member of Real Estate Institute of NSW, has been a member of the Strata Chapter Committee since 2016, and currently sits on the REI NSW Board as a director. Leisha is member of the Law Society of Tasmania and the Law Society of NSW. Leisha was listed in the Doyle’s Guide “Leading Property & Real Estate Lawyers – NSW” for 2018, 2019 and 2020 and “Leading Leasing Lawyers – NSW” for 2020 and 2021.


Sam Darwish, Principal, Civic Lawyers Australia
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.


Jane Wolfe, National Partner, Madison Marcus
Jane Wolfe is a National Partner of Madison Marcus Law Firm, specialising in real estate and development law. With over 17 years of experience in the legal industry, she is a seasoned attorney who brings a wealth of expertise in commercial property law to the firm. Her background includes working in private practice at well-respected National and International law firms and in-house counsel at a retail chain. Since starting her legal career in Melbourne in 2005, Jane has gained extensive experience in the national commercial, industrial, and retail lease markets in multiple states, including New South Wales, Queensland, Victoria, and South Australia. Her practice includes advising clients on commercial property sales and acquisitions, business sales and acquisitions, owners’ corporation and strata law, property due diligence, and property financing and insolvency.


Maria Tsakirios, Special Counsel, MinterEllison
Maria Tsakirios is a Special Counsel at MinterEllison specialising in property and leasing (commercial, industrial and retail) disputes. Maria has acted for a number of publicly listed and national corporations including shopping centre owners, managers and also for property developers. She is an experienced litigator, with particular experience in property and development and leasing litigation and commercial litigation, including contract law and competition and consumer law. She also practices widely in all forms of dispute resolution including mediations, arbitrations and commercial settlement conferences. Maria's approach to resolving disputes is practical and commercial.


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.


Andrew Grima, Partner, Bartier Perry
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.


Sara Hatcher, Consulting Principal, Keypoint Law
Sara has over 20 years of experience in property and other law, advising listed corporations, SME’s, listed property trusts, developers, national landlords and tenants on a diverse range of property law. Sara advises on all aspects of developments, subdivisions, aged care and retirement leases, the national rental affordability scheme, easements, by-laws, and additional transactions pertaining to property. Sara is committed to providing high quality, commercially minded legal advice, recognising the needs of clients at all levels with a personalised and meticulous service. She is recognised by Best Lawyers™ for her expertise in Real Property Law, and has also been a finalist in the category of ‘Sole Practitioner of the Year’ by the Women in Law Award.


Denis Barlin, Barrister, 13 Wentworth Chambers
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.

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Retail and Commercial Leasing

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Tuesday, 18 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 18 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 18 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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