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.
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation
- 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
Chair: Yuqing Sui, Partner, Madison Marcus
Presented by Andrew Grima, Partner, Bartier Perry
Chair: Bernard Lloyd, Barrister, Nine Wentworth Chambers
- 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
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
- 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
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
- 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 founding Partner at Massons, winner of the Property Team of the Year at the Lawyers Weekly Australian Law Awards in 2024 and recognised as a leading property law firm in the Legal500 Asia Pacific (annually since 2023) and Doyle’s Guide (annually since 2019). Leisha has more than 20 years’ experience in commercial property law and specialist property-related advice. She is currently listed in the Doyle’s Guide 2024 “Leading Leasing Lawyers – NSW” and has been recognised in that category and the “Leading Property & Real Estate Lawyers – NSW” numerous times since 2018. Leisha is a fellow member of the Australian College of Strata Lawyers and sits on the REI NSW strata committee and was a director on the REI NSW Board from 2019 until 2024.
Sam Darwish, Principal, Civic Lawyers Australia
Sam is the Principal of Civic Lawyers Australia, a full-service commercial law firm based in the Sydney CBD. Sam leads the practice and is a seasoned commercial lawyer with extensive experience in complex litigation and corporate transactions. Sam has a diverse practice, specialising in property, technology and corporations disputes and transactions. 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.
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 Recognized in The Best Lawyers in Australia™ 2025 for his work in Leasing Law. Anthony is ranked “leading” in the Doyle’s Guide for 2024 and 2023 in the category “Leading Leasing Lawyers NSW” 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.
Yuqing Sui, Partner, Madison Marcus
Yuqing Sui is a distinguished Property Partner and an Accredited Specialist in Property Law, with an additional practice as a Public Notary. Her journey in the legal field began in China, where she earned her bachelor’s degree in law from Shanghai University in 1999 and practised. In 2002, Yuqing embarked on her postgraduate studies at the University of Technology, Sydney, where she achieved both a Master of Laws in 2003 and a Master of Law and Legal Practice in 2006 and has practiced in New South Wales since February 2006. Yuqing’s professional experience encompasses a broad spectrum. She initially worked as a debt recovery lawyer and later spent nearly a decade with a boutique commercial law firm in Sydney’s CBD. In 2017, she established her sole practice and continued her career by joining Madison Marcus as a partner in the Real Estate and Development team in 2023.