Retail and Commercial Leasing Review

The core elements of leasing present relentless problems that can cause havoc on your practice if not handled correctly. Don’t miss these practical sessions dealing with some of the major issues across leasing law including new legal, commercial, and logistical risks, recent decisions, agreements for lease and fit out works, remedies and damages, defaults, lockouts and NCAT practice. Leave with key tips and traps in Dispute Resolution by joining the Office of the NSW Small Business Commissioner.

Wednesday, 22 March 2023
12.20pm to 1.05pm Agreements for Lease and Fitout Works: Negotiating and Drafting Strategies
  • Integrated works
  • Formulating handover conditions
  • Determining when the commencement date starts
  • Landlords works and concerns of the tenant
  • Sunset dates, pandemics and extension of time regimes
  • Liquidated damages, disputes and termination
  • Strategies to where there is a shortened timeframe for completing works

Presented by Liam Thomson, Special Counsel, Baker & McKenzie

Practice Management and Business Skills
9.05am to 9.35am Retail and Commercial Leasing Occupancy Data and Office Market Report

Our CBDs have changed forever, but to what extent? Analyze the latest office occupancy data for March 2023 and understand the story of the CBD’s life over the last two years including:

  • How has the pandemic has affected the beating heart of our economy
  • Are workers returning to the office? Or working from home?
  • Office Market Report (Released February 2023)
    • The number of unleased offices in our CBD towers
    • Types of offices businesses are buying and operating out of
    • General health check on the current office market
  • The latest office vacancy report data:
    • The increase in office building vacancy
    • The flight to quality to premium A grade stock
    • What this means for our city?

Presented by Joanne Henderson, National Director, Research, Colliers

4.15pm to 5.15pm NCAT: The Retail Lease Jurisdiction
  • Jurisdiction and powers
  • Practice and procedure
  • Aspects of substantive law
  • Enforcement and costs

Presented by Clifford Ireland, Barrister, 13 Wentworth

2.00pm to 3.00pm Remedies and Damages: Practical and Creative Solutions for Getting What you Want
  • What to do if a dispute doesn’t fit neatly into the ‘default’ box
  • What if there’s a clear breach or default but the remedy provided in the lease is less than ideal?
  • Self-help remedies for landlords and tenants: what’s allowed and what can be effective
  • Non-monetary breaches and solutions: dealing with breaches of opening and operating covenants, co-tenancy clauses, use restrictions and more
  • Monetary breaches and recovering damages: realistic and cost-effective strategies
  • Insolvency considerations

Presented by Andrew Bulley, Barrister, 5 Wentworth Chambers

Session 2: Dispute Resolution in Commercial Leasing

Chair: Matthew Rafferty, Partner, Carroll & O’Dea Lawyers

10.35am to 11.20am Commercial Risks from Emerging Sector Trends
  • Entertainment tenants and offerings: managing the risks
  • Pop-up shops and short term leases: flexibility vs risk and liability
  • Commercial offices: the latest trends & developments you must have on your radar
  • The domination of logistics in industrial leasing: emerging risks and key considerations

Presented by Dannelle Howley, Partner, Squire Patton Boggs

3.00pm to 4.00pm Defaults and Lockouts
  • Remedies available to a landlord for default of a lease by the tenant
  • Remedies available to a tenant for default of a lease by the landlord
  • The termination and lock out process
  • Relief against forfeiture: the rights of tenants and sub-tenants following termination by the landlord

Presented by Alicia Albury, Partner, Maddocks; Leading Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2022 and Vincent Tripodina, Special Counsel, Maddocks

Session 1: Commercial Leasing Insights and Practical Strategies

Chair: Matthew Rafferty, Partner, Carroll & O’Dea Lawyers

11.35am to 12.20pm Retail Leases Act and Recent Decisions Affecting Leasing Practice
This practical session will leave you abreast of recent development in the leasing space. • Consider a summary of recent key decisions that will impact your day-to-day leasing practice • Analyse recent developments in the retail and commercial leasing space
Professional Skills
9.35am to 10.35am Practice Tips in Leasing Dispute Resolution with the Office of the NSW Small Business Commissioner
  • Understanding the latest issues impacting the retail and commercial leases industry: the Small Business Commissioner’s perspective
  • Real-world tips and analysis of the most common and challenging types of disputes being seen by the Commissioner
  • Insights and practical strategies for landlords, tenants and their counsel when dealing with leasing disputes

Presented by Michael Miller, Director, Mediation Services, The Office of the NSW Small Business Commission

Description

Attend and earn 7 CPD units including:
5.5 units in Substantive Law
0.5 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on NSW legislation

9.00am to 9.05am Opening Comments by the Chair
MARKET AND MEDIATION INSIGHTS
1.05pm to 1.15pm Final Q&A and Commentary by the Chair
11.20am to 11.35am Morning Tea
Afternoon Tea

Presenters


Joanne Henderson, National Director, Research, Colliers
Joanne has over 15 years of experience working within property research and specialising in property data. Having previously managed a real estate data product with over 70 subscribers, Joanne has a strong track record of maintaining client relationships as well as delivering quality real estate data and insights. Joanne leads and manages the Colliers Edge product which is the Colliers premium research data product for clients. Her role also includes maintaining and improving data management systems that the Research and wider business teams use to store and utilise our valuable datasets.


Michael Miller, Director, Mediation Services, The Office of the NSW Small Business Commission
Michael Miller, Director Mediation Services, joined the mediation unit as a case manager in 2004. Michael has lead projects to deliver civil dispute resolution services to the commercial sector across regional NSW and has a Master of Laws in Commercial Litigation.


Liam Thomson, Special Counsel, Baker & McKenzie
Liam has over 13 years experience providing strategic legal and commercial advice to a diverse range of leading Australian corporations, high-net-worth individuals and large family businesses as well as international corporations.


Matthew Rafferty, Partner, Carroll & O’Dea Lawyers
Matthew Rafferty Matthew is an active member of the Property Council of Australia Academy, Retail Property Committee. Matthew provides expert advice on retail and commercial leasing matters including initial advice during the commercial negotiation for the new lease, drafting, negotiating and completing formal documentation, and, if necessary, dispute resolution. Matthew acts for major retail and commercial property management corporations, advising on all aspects of retail and commercial leasing transactions, shopping centre redevelopment, land title office issues, retail legislation and corporations law. Matthew reviews new caselaw and legislation relating to the property industry, frequently writing articles about changes and developments in law that impact on property management and business. Matthew advises clients on all kinds of property transactions, including commercial and retail leasing, transfers and developments, as well as advice regarding lease disputes and transaction structures. Matthew has many years’ experience negotiating complex legal documents while ensuring he remains focused on his client’s commercial objectives.


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.


Anthony Herro, Principal, Herro Solicitors
Anthony Herro is Principal Solicitor at Herro Solicitors and is one of Sydney’s leading retail lease lawyers. Anthony is recommended in the Doyle’s Guide 2019, 2020, 2021 and 2022 under ‘Leading Leasing Lawyers NSW’. The listing of leading New South Wales Leasing Lawyers details solicitors identified by clients and peers for their expertise and abilities across retail, commercial and industrial leasing matters in the NSW legal market. He acts for clients in drafting, advising and negotiating leases and in resolving lease disputes. He possesses an in-depth knowledge of Retail Leases Legislation across all States and Territories in Australia (including the Retail Leases Act) and in property law in relation to leases. He has extensive experience in all aspects of retail and commercial leasing - including complex lease negotiations and resolution of lease disputes. Anthony has delivered hundreds of seminars and papers on retail and commercial leases and is a recognized expert in his field. Anthony’s advice is sought by Government Ministers and Government bodies to advise on proposed amendments to retail lease legislation. Anthony actively contributes and appears at Government enquiries on retail leasing. Anthony was part of the Working Group commissioned by the Office of the Small Business Commissioner with respect to proposed amendments to the Retail Leases Act. He is a Mediator with National Accreditation and a Mediator on the Panel with the Office of the Small Business Commissioner. Anthony is Secretary of the St Thomas More Society.


Clifford Ireland, Barrister, 13 Wentworth
Clifford has over 15 years of experience at the Bar, and a total of 26 years as a specialist in environmental, planning, mining and associated areas of property law. Listed as either a leading or recommended barrister in the environmental and planning area in the “Doyle’s Guide” for the past ten years. Since 2020, he has also been listed on the Best Lawyers list in the areas of environmental, climate change, property and water law, including for the current year 2022- 2023. Complementing his specialist practice in environmental, planning law, and environmental crime, he also practices in related areas including mining law, property, building and construction, commercial tenancy, administrative law and judicial review, local government, and in related areas of commercial law. Clifford has advised on and/or appeared in relation to many major projects across the State. He appears both for proponents and objectors. He appears in the Land and Environment Court, Supreme Court, District Court and Local Court, and in NCAT in its commercial leasing and liquor licensing jurisdiction.


Andrew Bulley, Barrister, 5 Wentworth Chambers
Andrew Bulley was admitted to the Bar in 1997 having been employed as a Senior Associate at Ebsworth & Ebsworth (now HWL Ebsworth). He accepts briefs in both complex, large-scale litigation and in smaller matters. Andrew has over 20 years of experience working on commercial and equity matters with a particular focus on commercial litigation, corporations and insolvency as well as property disputes and estates litigation. Andrew currently practices from 5 Wentworth Chambers which he joined in 2000. He is briefed by a variety of solicitors’ firms including large firms in the Sydney CBD, as well as small firms and sole practitioners outside the CBD and in country NSW. Although he primarily appears before the New South Wales Supreme Court and Court of Appeal, he has also acted on matters in the District and Local Courts. Andrew has presented papers on commercial and property topics both in-house at 5 Wentworth and to external providers such as the College of Law and Legalwise seminars. Since 2007 Andrew has been a Director of Counsel’s Chambers Limited. Since 2009 he has also been an Advocacy Instructor in the Bar Readers Course run by the NSW Bar Association. In 2023 Andrew was invited to become a member of the NSW Bar Association Practice Development Committee.


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.


Vincent Tripodina, Special Counsel, Maddocks
Vincent is an experienced property lawyer with over 10 years of private practice experience. He has experience of working on the full range of capital transactions, leasing, commercial property ventures and disputes. He also has in house commercial & legal experience managing the whole lifecycle of development projects with JV partners including the Toga GroupG.

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Retail and Commercial Leasing Review

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All Sessions
Wednesday, 22 March 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Wednesday, 22 March 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 3.9
3.9
$505.00
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Afternoon Session
Wednesday, 22 March 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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