What happens to a lease when it all goes wrong? Join for a detailed exploration on disclaimer of leases by liquidators and examine the statutory power of disclaimer and the procedure for enacting powers. Breakdown the who, what, when and why in relation to a disclaimer taking place, challenging a disclaimer, the effect on a landlord and what to do about abandoned goods.

Presenters

Mr. Anthony Sommer, Senior Associate- Insolvency, MinterEllison
Anthony Sommer is a Senior Associate at MinterEllison. Anthony is an experienced restructuring, insolvency and commercial litigation lawyer. He focuses on delivering practical solutions for clients in a clear manner. Anthony enjoys working together with clients to help them achieve their objectives. He regularly advise clients in relation to restructuring and insolvency matters including formal external administration processes, informal restructuring transactions, creditors' schemes of arrangement and loan-to-own transactions including cross-border matters. Anthony also has extensive experience in assisting clients with commercial dispute resolution and litigation, members' schemes of arrangement, regulatory matters and investigations. He is also a member of the Australian Restructuring Insolvency & Turnaround Association (ARITA) and the Turnaround Management Association of Australia (TMA).


Ms. Amy Southwell, Partner, MinterEllison
Amy Southwell is a Partner in the Sydney disputes team. Amy is a specialist property, development and leasing disputes lawyer (commercial, retail, industrial and agricultural leasing) and acts on behalf of key property funds, institutional investors and landlords in the Sydney CBD and property developers in regional NSW. Amy's clients include Lendlease, Dexus, QIC, Government Property NSW, RMS, Brookfield, GPT, Charter Hall, Frasers, Mirvac and AMP Capital. For over 13 years, Amy has successfully acted on behalf of leading companies, property investment groups (real estate, development and leasing), the NSW Government, statutory corporations (including UrbanGrowth NSW), landlords, tenants, construction and building product companies (including CSR), property developers, banks (asset management) and private net worth individuals, in commercial litigation of a complex nature. Amy is experienced at reviewing contracts, in particular, lease agreements and advising clients in relation to the drafting of provisions so as to guard against risk. In 2016, Amy was nominated by clients as Special Counsel of the year in the Australian Law Awards and Women in Law Awards.

Unique Lease Structures: Sale and Lease Back, Disclaimer and Franchise

Expand your professional toolbox by taking a closer look at some of the more specialised areas of leasing. Examine potential complications, rights and negotiating terms in franchise leases, review sale and lease back arrangements and consider your options in instances of disclaimer of leases by liquidators in this unique leasing series. When these types of leasing arrangements come across your desk, don’t let them be your weak spot.