Retail and Commercial Leasing Symposium

More complex, more regulated and far riskier. New reforms and new duties are reshaping the landscape from tax and disclosure exposures to mortgagee enforcement, insolvency and ACCC scrutiny. Get across the decisions driving lease drafting and risk allocation, and work through the red flags in rental determinations, early exits and default responses. Sharpen your approach to incentives, make-good, restructuring and misleading conduct claims while staying ahead of the next wave of compliance reforms redefining Victoria’s leasing practice.

Wednesday, 18 March 2026
10.35am to 10.50am Morning Tea
Session 2: Tax, Duty of Good Faith and Misleading Conduct in Leasing
4.00pm to 4.15pm Afternoon Tea
Description

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

9.00am to 9.50am Leasing Update: The Cases and Developments that will Impact Your Practice

 

  • Identify the leasing cases that have set new precedents in Victoria
  • Translate judicial reasoning into strategic drafting and negotiation advice
  • Recognise the emerging trends
  • Anticipate risk areas before they escalate into litigation

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

10.50am to 11.35am Due Diligence and Risk Assessment in Commercial Leasing

 

  • Heads of agreement: value adds, tips and tricks
  • Due diligence searches: usual, unusual and sector relevant
  • FIRB
  • ACCC merger regime
  • Retail Leases Act application
  • Premises and common areas
  • Further term strategy
  • Market rent review
  • Scope of outgoings
  • Repair and maintenance allocation
  • Dealings
  • Make good
  • Landlord express obligations
  • Tenant concessions
  • Incentives and clawback
  • Recent case law

Presented by Emilie Fary, Special Counsel, Baker McKenzie and Tiarna Porcaro, Associate, Baker McKenzie

9.50am to 10.35am Early Exit Strategies and Restructuring Lease Deals

 

  • Evaluate the options for early termination and lease restructuring
  • Manage commercial negotiations to achieve mutual outcomes and minimise disputes
  • Release, surrender, assignment and variation mechanics
  • Explore the interaction between insolvency, restructuring and lease obligations

Presented by Sangeeta Thaker, Consulting Principal, Keypoint Law

3.00pm to 4.00pm Mortgagee Sales and the Duty of Good Faith

 

  • Recent developments in the law of a mortgagee’s duties in exercising a power of sale
  • The obligations of first mortgagees to subsequent mortgagees in the exercise of the power of sale
  • New obligations for mortgagees under the Property Law Act 2023  

Presented by Nunzio Lucarelli KC, Francis Burt Chambers

4.15pm to 5.15pm Misleading and Deceptive Conduct in Leasing Transactions

 

  • Representations and omissions during lease negotiations and renewals that may give rise to liability under the Australian Consumer Law (ACL)
  • Review recent ACCC enforcement actions, court decisions, and penalties involving landlords, agents and developers
  • How misleading conduct intersects with unconscionable conduct, good faith obligations and disclosure duties under retail and commercial lease frameworks
  • Litigation trends and available remedies for affected tenants and landlords 
Session 1: Mastering the Leasing Lifecycle: Key Cases, Complex Disputes and Strategic Practice

Chair: Max Cameron, Legal Consultant and In‑House Solicitor; Leading Leasing Lawyer, Doyle’s Guide 2024, Property & Real Estate Lawyer, Doyle’s Guide 2025

11.35am to 12.20pm Hit the Panic Button! A Step-By-Step Guide to Responding to Default Notices

 

  • Default notices (what to look out for)
  • Assessing the underlying default
  • Setting up a counterclaim
  • Overcoming the no deductions clause
  • If all else fails - relief against forfeiture
  • Picking the right jurisdiction - don’t get this one wrong!

Presented by Sam Hopper SC, Owen Dixon Chambers West, and Eli Fryar, Owen Dixon Chambers West

12.20pm to 1.15pm Rent Review Disputes

 

  • Legal and evidentiary grounds for challenging a determination
  • Procedural considerations
  • Expert evidence and valuation issues
  • Strategies for negotiation or contesting valuation reports 

Presented by Jennika Anthony-Shaw, Barrister, Foley’s List 

2.00pm to 3.00pm Tax Compliance with Leasing Transactions

 

Catch up on the latest tax developments affecting leasing practice and gain the key insights you need to navigate complex tax implications, stay compliant, and more effectively advise your clients.
Presented by Natashia Ackroyd, Partner, Holding Redlich 

Presenters

Sangeeta Thaker, Consulting Principal, Keypoint Law
Sangeeta is an Accredited Specialist in Property Law, with over 20 years of experience advising Australian and international developers, corporations, listed and unlisted property trusts and financiers on the full breadth of property transactions – including acquisitions, disposals, structuring issues, lease transactions and development advice in relation to retail, commercial, industrial and residential property. Sangeeta has extensive experience in drafting and negotiating agreements for leases (and sub leases and licences), acting for both landlords and tenants on leases with a variety of permitted uses including airport subleases, port terminal leases, service station leases, shopping centre leases, QSR leases, leases in medical centres and hangar licences. Sangeeta joined Keypoint Law in 2022 and is based in Melbourne.

Sam Hopper SC, Owen Dixon Chambers West
Sam Hopper is one of the Victorian Bar's leading property and insolvency barristers. He acts for investors in relation to various collapsed managed investment schemes, regularly advises and appears for the Small Business Commissioner and regularly appears in the retail tenancies list at VCAT. Sam also maintains an active blog discussing various issues relating to property and insolvency at http://samhopperbarrister.wordpress.com/

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.

Jennika Anthony-Shaw, Barrister, Foley’s List
Jennika practices in commercial litigation, with a focus on the areas of Equity and Trusts, Building and Construction, Property, and Insolvency. She has a thorough knowledge of substantive law, litigation strategy and civil procedure, and has a particular affinity for complex problem solving. Jennika is briefed led and un-led in domestic as well as international arbitration proceedings, and also advises and advises in Trust and Property matters in the United States and European jurisdictions. Prior to coming to the Bar, Jennika was a Judges' Associate at the Supreme Court of Victoria and the Court's Commercial Group Proceedings Coordinator. In that role she provided enhanced case management of the Court’s shareholder actions and managed investment scheme proceedings. She has contributed as an author to several Supreme Court Practice Notes and has specialist procedural expertise in the conduct of Class Action proceedings and Electronic Civil Proceedings (RedCrest). Jennika has lectured at Melbourne Law School in the areas of Contracts, Remedies and Public Law, has lectured in Construction Law at Monash University, and is an instructor at the Leo Cussen Institute in the subjects of Evidence and Commercial Litigation. She has published articles in the areas of Security of Payment, the statutory regulation of building pratitioners, and contracts for domestic building works, and has contributed as co-author or editor to publications in the areas of unfair contract terms, proprietary remedies, and contractual misleading and deceptive conduct.

Nunzio Lucarelli KC, Francis Burt Chambers
Nunzio has practised at the Bar for 42 years and has been a silk for 26 years. He practises in a wide range of large complex commercial cases in all Australian Superior Courts. He also appears in Courts of Appeal and the High Court in appeals. His major areas of practice include: commercial law, contracts, corporations law, trade practices, property, the law of mortgages, trusts, and commercial arbitrations (both international and domestic). Nunzio is also a Fellow of the Chartered Institute of Arbitrators and an accredited mediator. Nunzio is a member of the Victorian Bar and the Western Australian Bar. He is also admitted to practice in England and Wales and in New Zealand.

Max Cameron, Legal Consultant and In‑House Solicitor
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.

Tiarna Porcaro, Associate, Baker McKenzie

Eli Fryar, Barrister, Owen Dixon Chambers West
Eli practises primarily in commercial law and proceeds of crime. Before coming to the Bar, Eli was an Associate at MinterEllison in the Real Estate, Environment & Planning department where he predominately practised in retail and commercial leasing. He was previously a Principal Solicitor at the Office of Public Prosecutions where he had carriage of complex proceeds of crime litigation and quasi-criminal matters. Eli has co-authored a number of articles on one of the Victorian Bar’s leading retail and commercial leasing barrister’s blogs (which can be found here). Eli is a reporter for the Victorian Reports and a member of the Bar Library Committee. Eli read with Sam Hopper SC and his senior mentors are Paul Vout KC and Diana Piekusis KC.

Natashia Ackroyd, Partner, Holding Redlich
Natashia is a real estate partner at Holding Redlich. Over the past 15 years she has acted for many Australian and off shore funds, institutional investors and developers in their investment activities. She has also acted for state governments on strategic development projects. Her expertise includes real estate fund investments, property development, joint ventures and co-ownership arrangements, commercial leasing, structuring and titling issues and the tax issues associated with real estate projects and investments.

Emilie Fary, Special Counsel, Baker McKenzie
Emilie has over 20 years' experience as a Commercial Real Estate lawyer with in depth knowledge and experience in a broad range of commercial real estate matters, with a particular focus on industrial and office leasing. Emilie has comprehensive commercial office, retail and industrial leasing experience acting for both owners and occupiers nationally, including extensive experience in preparation and negotiation of Agreements for Lease and related pre-commitment documentation. In addition to commercial leasing, Emilie's practice also includes sales and acquisitions for institutional investors and preparation and negotiation of development documentation, acquisition of development land and off the plan broad acre residential sales. Emilie has recently held Committee roles on the Property Council of Australia VIC Tax, Retail and Commercial Leasing Committees. Emilie is commercial and astute in her approach with strong project management skills to deliver results on time.

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Retail and Commercial Leasing Symposium

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All Sessions
Wednesday, 18 March 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Wednesday, 18 March 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Wednesday, 18 March 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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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