Retail and Commercial Leasing Review

Equip yourself with strategic actions to manage leasing challenges, including understanding the New CIPT tax regime's implications, unfair contract terms and drafting sub-leases effectively. Gain insight into a tenant representatives' viewpoint and hear from the Victorian Small Business Commission.  Strengthen your skills to navigate the complexities of leasing as you develop effective strategies for lease breach management and insolvency. Leave feeling prepared with significant insight and practical methods to protect your clients' leasing needs.

Wednesday, 19 March 2025
Description

Attend and earn 7 CPD units including: 
6 units in Substantive Law 
1 unit in Professional Skills
This program is based on VIC legislation

Session 1: Unpacking Leasing Challenges: CIPT, Unfair Contract Terms, and Subleasing Essentials

Chair: Cameron Charnley, Barrister, Svenson Barristers

9.00am to 10.00am Victoria’s New Commercial & Industrial Property Tax (CIPT) Through a Practical Lens: Impact on Leasing

 

  • Legislative framework
  • Basic principles
  • The model and its key features
  • Specific elements
  • Practical application in a range of scenarios 

Presented by Michael Taylor-Sands, Partner, Maddocks; Member, UDIA Victoria – Greenfield Development Committee

11.15am to 12.15pm Subleasing: Key Issues in Drafting and Transactions

 

  • Term of sublease and consequences if term extends beyond term of head lease
  • Effect of surrender of head lease
  • Relief against forfeiture of head lease
  • Relief against forfeiture of sublease
  • Drafting issues
  • Retail Leases Act 2003 

Presented by Robert Hay KC, Owen Dixon Chambers East 

Session 2: Leasing Resilience: Adapting to Trends, Challenges, and Legal Complexities

Chair: Max Cameron, Legal Consultant; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2024

4.15pm to 5.15pm Handling Insolvency Scenarios in Leasing

 

  • Impact of insolvency on leasing arrangements 
  • Navigating interactions with insolvency practitioners
  • Understanding ipso facto clauses and safe harbour provisions in the leasing context
  • Defending claims from liquidators regarding preference payments or voidable transactions 

Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist in Commercial Leasing Law

10.00am to 11.00am Navigating Unfair Contract Terms in Leases

 

  • Overview of the unfair contract terms regime and recent changes
  • Application to retail and commercial leases
  • Recent cases 

Presented by Tom Egan, Barrister, Greens List 

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm A Review of Recent Leasing Cases

 

Examine some of the key developments, trends, and cases in retail and commercial leasing as you break down the facts of each case and walk away with crucial takeaways you can add to your leasing knowledge base and repertoire. 
Presented by Luke Virgona, Barrister, Dawson Chambers

Professional Skills
2.00pm to 2.30pm Retail Leasing insights with the Victorian Small Business Commission

 

Hear directly from the legislated authority on retail leasing, Victorian Small Business Manager of Dispute Resolution, Elizabeta Galevska. Elizabeta will share insights from the Commission’s work resolving retail leasing disputes, including the key challenges that retail tenants and landlords are currently navigating. She’ll also share dispute resolution and mitigation strategies, and best practices to enhance your retail leasing operations.
Presented by Elizabeta Galevska, Manager - Dispute Resolution, Victorian Small Business Commission

Professional Skills
2.30pm to 3.00pm What Tenant Representatives Want Landlords to Know

 

  • What tenants prioritise in terms of rent structures, lease terms, and flexibility
  • Areas where tenants feel there is room to improve the collaboration with landlords, including maintenance, operational transparency, sustainability and fit out management
  • How to foster productive, ongoing dialogue between landlords and tenants to ensure smooth relationships
  • Strategies for landlords to remain competitive and attractive to tenants in dynamic commercial real estate market 

Presented by Francesco Demarco, Partner, Head of Global Portfolio Solutions, Australia & Tenant Representation, Victoria, Knight Frank

3.00pm to 4.00pm Strategies for Dealing with Breach Issues

 

  • Breach of landlord obligations
  • Breaches of legislative obligations
  • Correctly identifying relevant breaches
  • Notice of default requirements: contents of notice, provisions of lease and Section 146
  • Breaches not capable of remedy
  • Calculation of damages
  • Relief from forfeiture 

Presented by Paul Nunan, Director, Eastern Bridge Pty Limited; Accredited Specialist in Commercial Leasing Law

4.00pm to 4.15pm Afternoon Tea

Presenters


Cameron Charnley, Barrister, Svenson Barristers
Cameron practises in a broad range of corporate and commercial law, including contract law, insolvency, real property, consumer law, equity and trusts, and wills and probate. He accepts briefs to advise and to appear in all Victorian and federal jurisdictions and is also admitted in New Zealand. Cameron signed the Bar Roll in April 2015 and read with Christopher Archibald KC. Before coming to the Bar, Cameron was an associate to his Honour Judge Cosgrave (now the Honourable Justice Cosgrave) in the Commercial Division of the County Court of Victoria and, prior to that, worked in professional services at PricewaterhouseCoopers. Cameron is a member of the Australian Bar Association and the Commercial Bar Association of Victoria and sat on the Victorian Bar’s ADR Committee for 5 years.


Michael Taylor-Sands, Partner, Maddocks
Michael is the practice team leader of the Maddocks Tax & Structuring team in Victoria. Michael has expertise advising on commercial and property transactions and their taxation implications. He has a unique ability to advise on the commercial and taxation implications of a transaction and draft appropriate implementation documentation. Michael has represented private, corporate and institutional clients in a broad range of commercial and property-related matters. His legal expertise includes advising in property development transactions and joint ventures, structuring of acquisitions, divestments and commercial transactions, income tax and capital gains tax. He is a highly regarded advisor on issues relating to stamp duty, land tax, Windfall Gains tax (WGT) and Growth Areas Infrastructure Contribution (GAIC). Michael is a member of UDIA Victoria – Greenfield Development Committee. In 2019, Michael was awarded the prestigious Urban Development Institute of Australia (UDIA) ‘Distinguished Service Award’ in recognition of his exceptional work and contribution to UDIA Victoria policy and advocacy.


Tom Egan, Barrister, Greens List
Tom practices in commercial and public law, with a focus on property (including leasing), insolvency, contracts, corporations and administrative law. Before coming to the Bar in 2024, Tom practised as a solicitor in Hall & Wilcox's commercial dispute resolution team, where he acted in disputes relating to contracts, property development, leasing, oppression, winding up, injunctions and the Land Acquisition and Compensation Act 1986 (Vic). He also practised in the Department of Premier and Cabinet's public law team and in Allens' disputes and investigation team. From 2017-2019, Tom was Associate and then Senior Associate to the Honourable Justice Croft at the Supreme Court of Victoria, where he assisted with general commercial, leasing, class action and state taxation matters, as well as arbitration related proceedings. Tom read with James McKay and his senior mentor was the Honourable Justice Elizabeth Bennett.


Max Cameron, Legal Consultant
Max Cameron is recognised as one of Australia’s preeminent property law lawyers with over 44 years acting for many of Australia's leading landlords and tenants, 38 as a partner of a top tier law firm. His formidable commercial property and property management knowledge and experience includes recognised expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his management and co-ordination of national, cross-jurisdiction teams, Max has a strong track-record acting for large corporate and public sector clients on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios. Max's expertise is widely recognised as leading in independent legal directories including Chambers, Best Lawyers and Doyle's Guide and has been recognised as one of Australia's preeminent Real Estate lawyers. Max is the co-author of the MinterEllison publication 'Retail Tenancy Legislation Compendium’ now in it’s 8th Edition.


Paul Nunan, Director, Eastern Bridge Pty Limited
Paul has been a director of Eastern Bridge for over ten years. Paul is a property and commercial lawyer and is recognised and accredited by the Law Institute of Victoria as a specialist commercial leasing lawyer. He is a member of the Leases Committee and is co-chair of the Law Institute Property and Commercial Tenancy Advisory Committee.


Jamie Bedelis, Principal, Bedelis Lawyers
Jamie Bedelis is the principal of Bedelis Lawyers, a property law and commercial law firm. He is accredited by the Law Institute of Victoria as a specialist in Commercial Tenancy Law, and practices in the areas of property and commercial law. He is a co-author of the Thomson Reuters loose leaf service Commercial and Retail Leasing in Australia. He is a member of the Leases Committee and the Property and Environmental Law Executive Committee of the Law Institute of Victoria.


Robert Hay KC, Owen Dixon Chambers East
Robert Hay has been a barrister at the Victorian Bar since 1992 and practice mainly in the area of property law including sale of land, owners' corporation disputes, mortgages and leasing. Robert was appointed as a senior counsel in November 2014. He also acts as a mediator in property law disputes. Robert has co-authored the following leading texts - Bradbrook, Croft and Hay Commercial Tenancy Law (3rd ed, LexisNexis), 2009; Croft and Hay The Mortgagee's Power of Sale (3rd)(LexisNexis), 2012; Croft and Hay Retail Leases Victoria (looseleaf)(LexisNexis); and Hay, Lloyd and Rimmer Transfer of Land Act (Vic), 2nd ed, Thomson Reuters. Robert is also case note editor of the Property Law Journal (LexisNexis) and author of the popular blog "The Property Law Blog". Before becoming a barrister he was a cadet journalist and journalist with "The Mercury" newspaper in Hobart (1978 - 1983) and a solicitor at Arthur Robinson & Hedderwicks in Melbourne (now Allens) (1987 - 1992).


Luke Virgona, Barrister, Dawson Chambers
Luke Virgona practices in a wide range of commercial litigation, with a particular focus on property law. He is a co-author, along with Justice Croft and Robert Hay QC, of the recently published 4th edition of Commercial Tenancy Law, and of the Retail Leases Victoria loose-leaf service. Luke is also an Associate of the Charted Institute of Arbitrators. Before coming to the Bar, Luke was the Senior Associate to the Honourable Justice Croft of the Supreme Court of Victoria and, prior to his time at the Court, spent eight years as the owner and operator of a successful food retail business in South Melbourne.


Francesco Demarco, Partner, Head of Global Portfolio Solutions, Australia & Tenant Representation, Victoria, Knight Frank
Francesco has over 13 years of experience in commercial real estate, specialising in occupier representation. He currently leads Knight Frank’s Global Portfolio Solutions (GPS) team in Australia and the Tenant Representation team in Victoria. Dedicated exclusively to occupiers, he supports companies in managing their property portfolios both locally and internationally. With experience working in both London and Australia, Francesco has worked with numerous multinational organisations, gaining diverse expertise in delivering outsourced real estate services globally. He has provided strategic account, transaction, and project management solutions across multi-asset portfolios, working closely with occupiers to optimise their real estate strategies. Francesco’s key focus is on building long-term sustainable partnerships with occupiers, helping them optimise their real estate portfolios to gain a competitive advantage. He believes that since most occupiers are not real estate companies, it is essential to first understand their strategic business objectives and then align their real estate strategies to support those goals. Committed to integrity, trust, and exceptional service, Francesco strives to create mutually beneficial relationships that drive lasting value. He views real estate not merely as bricks and mortar but as the environment and ecosystem in which we work, live, and play—an outlook that fuels his passion for property.


Elizabeta Galevska, Manager - Dispute Resolution, Victorian Small Business Commission
Elizabeta Galevska is Manager, Dispute Resolution at the Victorian Small Business Commission managing the VSBC’s Dispute Resolution function and Mediation Panel. She has been with VSBC for almost 22 years in several different roles, including managing the mediation and corporate functions, as well as developing and maintaining the original VSBC database used for case management.  Elizabeta has a degree in economics and previous overseas government experience in international diplomacy, project management and investment promotion.

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Retail and Commercial Leasing Review

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Wednesday, 19 March 2025
9.00am to 5.15pm Australia/Sydney
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here