Even a seemingly mundane leasing matter can get very messy, very quickly. Misleading and deceptive conduct appears. External administrators are appointed to a Tenant. A breach or surrender occurs. Covid regulations linger. A guarantee or an indemnity suddenly becomes riddled with risk. Master how to deftly handle all these leasing fundamentals issues and more by attending this comprehensive leasing law checklist. 

Presenters

Mr. Steven Cominos, Barrister, 6 St James Hall
Prior to being called to the Bar in 2015, Steven Cominos practised as a solicitor with Clayton Utz, the corporate regulator (ASIC) and spent 8 years working as an in-house counsel in the investment banking sector in London and Sydney, most recently with the Swiss bank, UBS AG. This experience has given Steven a strong understanding of the practical drivers of commercial transactions and contracts from a client's perspective and has helped him develop a practical, solutions-based approach to advising clients and resolving disputes. Steven's expertise has been developed through advising clients on numerous large capital markets transactions and innovative investment products, important corporate law and regulatory reform (FSR, FOFA, PPSA, OTC derivatives) and negotiating and settling disputes involving complex financial products and commercial contracts.


Mr. 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.


Mr. Shaun Sergay, Co-Founder & CEO, eGuarantee
Shaun is Co-founder and CEO of eGuarantee. Shaun is the former co-head of Asset Performance Maia Financial/AllLeasing, ex PWC.


Mr. Robert Schneider, Consultant, HWL Ebsworth
Robert Schneider is a consultant at HWL Ebsworth Lawyers. He holds a Master of Laws degree from the University of Sydney and has been practising as a solicitor in New South Wales for the past 44 years. Over this time, he has amassed extensive experience in commercial litigation. He has a special interest in land related litigation, and has acted for both landlords and tenants to commercial and retail leases and vendors and purchasers to transactions for the sale of commercial and residential property in proceedings in the Federal Court of Australia, the Supreme Court of New South Wales, the District Court of New South Wales, the Local Court of New South Wales and the New South Wales Civil & Administrative Tribunal (and its predecessor, the Administrative Decisions Tribunal). Robert has also acted for both landlords and tenants in mediations of lease disputes, including retail tenancy disputes under the Retail Leases Act 1994. Robert has spoken at a number of seminars on retail and commercial tenancies and other property related topics, as well as chairing such seminars. Robert is listed in the 12th Edition (2020) and 13th (2021) Best Lawyers in Australia for Alternative Dispute Resolution.


Mr. Andrew Harding SC, 12 Wentworth Selborne Chambers
Andrew has a strong and diverse commercial and equity practice, predominantly in the Supreme Court of New South Wales, the Federal Court of Australia and their respective appellate courts but also in jurisdictions including the Supreme Court of Victoria and the High Court of Australia. Andrew regularly appears in commercial causes. Areas of focus include commercial contracts, equity and trusts, trade practices, corporations and real property. Andrew is also briefed to advise and appear in cases involving building and construction, restraints of trade, confidential information, professional negligence and banking and insolvency. Prior to coming to the Bar in 2004, Andrew worked as a solicitor at Freehills in Sydney.


Mr. Hayden Fielder, Eight Selborne Chambers
Hayden Fielder is a Barrister at Eight Selborne Chambers. Mr Fielder has recently been recognised in ‘Best Lawyers: Ones to Watch in Australia’ (2023) for Commercial Law. Mr Fielder is experienced in a range of commercial, corporate, building and construction and insurance matters, including first instance and appellate proceedings in the District and Supreme Courts across Australia, the Court of Appeal, Federal Court and High Court of Australia. He is experienced in regulatory and investigatory proceedings, including royal commission and public inquiry work. Prior to coming to the Bar, Mr Fielder was a Senior Associate at Clayton Utz in commercial litigation.


Ms. Marelda Hibberd, Partner, Maddocks
Marelda has extensive experience advising directors, government agencies, financial institutions, and insolvency practitioners in insolvency, banking recovery and restructuring matters. Marelda has advised on a wide range of banking and insolvency processes, including bankruptcy, corporate insolvency, securities enforcement, asset realisation and commercial litigation. She also acts on behalf of several banks in recovery of corporate and commercial debts. Her work has led her to be recognised as a recommended Restructuring and Insolvency lawyer in Doyle's Guide, Legal 500 and Best Lawyers.


Ms. Catherine Hallgath, Partner, Mills Oakley Lawyers
Catherine Hallgath is a Partner with Mills Oakley Lawyers and is a Law Society accredited specialist in property law. Catherine has acted for a range of leading Australian and Asian property owners and has extensive experience in acquisition, development and disposal of major property assets, especially commercial office blocks, retail shopping centres and industrial parks. She has acted for landlords throughout Australia in relation to ownership and management of property assets and for tenants in Australia, New Zealand and Asia, negotiating and advising on commercial, industrial and retail leases. Catherine is the author of the Lexis-Nexis Practical Legal Guidance Leasing Service and a member of the Property Law Advisory Committee for the Accredited Specialist program.


Ms. Deanne Ogilvie, Partner, Pinsent Masons
Deanne Ogilvie is commercial property Partner at Pinsent Masons and leads the firm’s Property practice for the APAC region. Deanne advises domestic, multinational and global corporate clients, REITs, investors, developers, not for profits and other private sector clients on all types of property transactions across most Australian and APAC jurisdictions with a particular focus over the last decade on infrastructure, renewable energy and transport projects. Deanne’s industry knowledge spans real estate, energy & renewables, ports, airports, and roads & rail. Throughout her career she has acted for both landlord and tenant clients and has extensive experience in commercial and industrial leasing. Deanne is recommended in the Doyle’s Guide 2021 and 2022 under ‘Leading Leasing Lawyers NSW’.


Ms. Tara Linn, Senior Associate, MinterEllison
Tara Linn is a leading senior associate within the MinterEllison Real Estate practice in leasing and property agreements. Tara deals in complex and high volume real estate transactions spanning the development, leasing and management of commercial, industrial, and retail assets. She acts for both tenant and many of Australia's leading landlords on National property portfolios. Tara advises on property development and asset management strategies in a number of Australian jurisdictions including on large scale retail developments, redevelopments and the acquisitions of leasing portfolios. Tara prides herself of delivering holistic and commercially-aware legal advice. Over her decade at MinterEllison she has been invited to speak at LegalWise, Leo Cussens and Property Council of Australia seminars. Tara has also volunteered at Property Industry Foundation events.


Andrew Grima, Partner, Bartier Perry Lawyers
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. This means matters are usually resolved quickly and efficiently, allowing his clients to focus on running their businesses. Andrew has acted for clients across a range of industries with regard to leases for premises of various sizes including national franchisors, retailers and distributors, local subsidiaries of foreign companies, ASX listed companies, local councils, government departments and government related entities, universities and SMEs. He has also acted on behalf of landlords in negotiating and drafting leases of sites to telecommunications carriers for the purposes of providing telecommunications facilities. Depth of experience and exposure to a wide range of clients and sectors provides Andrew with the expertise to resolve your legal needs. In addition to his legal and economics and accountancy degrees, Andrew is a graduate of the Australian Institute of Company Directors and has a sound understanding of the financial and governance issues affecting companies. Andrew also has experience in commercial securities and has acted on behalf of major clients such as financial institutions, a listed pharmaceutical company and numerous manufacturing and supply companies with regard to drafting and registering securities and related transactions. In keeping with the firm's core values, Andrew has a strong commitment to the community. He regularly presents to peers and clients in his particular areas of expertise with a strong emphasis on providing training for other lawyers and his clients' in-house teams.


Ms. Dannelle Howley, Partner, Squire Patton Boggs
A leading lawyer with a strong commercial acumen, Dannelle has acted on some of the largest acquisitions, developments and leasing projects in Australia and advises in relation to some of Australia’s most iconic assets. Consistently recognised in Australia’s Best Lawyers, Chambers and Partners and the Who’s Who in Legal, Dannelle’s clients credit her for being “one of the most intelligent lawyers” and “providing succinct, no nonsense practical advice based on her extensive industry experience and legal expertise.” With a specialist focus on complex, structured and large-scale transactions, the depth and breadth of Dannelle’s experience spans the real estate sector having acted for listed and unlisted property funds, private and government clients. She is at the forefront of the real estate sector in Australia and across Asia Pacific, and regularly presents at industry conferences and legal forums. Dannelle currently works at Squire Patton Boggs, a full-service global law firm.


Ms. Alicia Albury, Partner, Maddocks
Alicia specialises in all aspects of commercial property transactions, including property-related restructuring, turnaround and insolvency matters and energy and resources land tenure issues. Alicia is highly experienced in acquisitions and disposals of real estate, regularly advising developers, owners, fund managers, investors and government authorities on industrial, commercial, retail and hotel acquisitions, disposals and development, large scale residential and ‘mixed use’ developments, industrial, commercial and ‘anchor tenant’ retail leasing, property management, joint venture and co-ownership arrangements and major infrastructure projects. Alicia has acted for a range of clients across the public and private sector.