Retail and Commercial Leasing Review

Are you staying abreast of the evolving legal landscape in the leasing sector, where keeping up with the latest developments and strategies is crucial for success? Learn what you need to know about the hottest new cases, mixed use developments, early access agreements, incentives, clawbacks and make good. With new risks emerging in the current market, when things do go wrong, harness your termination and ADR strategies to reach a resolution for your clients. Level up your leasing expertise. 243V20

Wednesday, 20 March 2024
9.00am to 1.15pm Session 1: Level Up Your Leasing: Cases, Mixed Use, Early Access, Incentives & More

Chair: Joshua Sheppard, Barrister, Owen Dixon Chambers West

9.05am to 9.50am Leasing Law Update: New Developments, Trends, and Cases

Examine some of the key developments, trends, and cases in retail and commercial leasing with a leading practitioner as he breaks down the facts of each case and the crucial takeaways you can add to your leasing knowledge base and repertoire.

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

9.50am to 10.35am The Interplay Between Mixed Use Developments, Owners Corporation Law and Leasing
  • The rise in mixed use spaces: how to navigate developments involving a mix of retail, residential units, student accommodations and commercial offices
  • When and how does the Retail Leases Act apply to mixed use developments? Clearing up the misconceptions
  • Structuring issues: how to set up a mixed use development, the key leasing issues to consider, and how to operate in one
  • Cost sharing: properly apportioning and dividing outgoings in your lease agreements

Presented by Rochelle Castro, Principal Lawyer, RC & Co Lawyers

10.50am to 11.35am Early Access Agreements, Leasing Incentives and Clawbacks: Drafting and Enforcement Strategies
  • Early access agreements
    • Access prior to formal lease documentation
    • Objectives, strategies, requirements and what to include in an early access agreement clause
  • Incentives
    • Cash payments, rent reductions, rent free periods, fitout contributions
  • Clawbacks
    • When is a clawback of an incentive a penalty and therefore unenforceable?
  • Managing the risks of incentive clauses and clawbacks

Presented by Richard Skopal, Director, BlueRock

11.35am to 12.20pm Indemnities and Releases: What to Consider When Acting for Landlord vs Acting for a Tenant

Join for a deep dive into warranties, indemnities and releases as you explore the pivotal distinctions, uncover the nuances, and gain invaluable insights on navigating indemnities and releases from both sides of the lease.

Presented by Sangeeta Thaker, Consulting Principal, Keypoint Law; Accredited Specialist in Property Law

12.20pm to 1.05pm Make Good in Commercial Leases: Owner and Occupier Perspective
  • Heads of Agreement drafting points
  • Lease clauses: Tips and traps
  • Make good in action including alternate strategies and negotiation levers
  • Due diligence on assignments/subleases
  • Caselaw and stories from the frontline

Presented by Emilie Fary, Special Counsel, Baker & McKenzie and Emily Peverill, Partner, Baker & McKenzie

2.00pm to 5.15pm Session 2: When it All Goes Wrong: Breaches of Lease, ADR, PPSR & Insolvency

Chair: Michael Westaway, Partner, HWL Ebsworth; Recommended Leasing Lawyer, Doyle’s Guide 2023

2.00pm to 3.00pm Demystifying the Interplay Between Leasing, the PPSA and Insolvency Law
  • Voluntary Administration: is the landlord locked in for the ride to a DOCA?
  • The insolvent retail/commercial tenant: tips for landlords when the Liquidator or Receiver moves in
  • The PPSA and the landlord’s rights with respect to abandoned property and cash security deposits

Presented by Jordan Schulz, Barrister, Foley’s List

3.00pm to 4.00pm Breaches of Lease: How to Avoid and Otherwise Resolve
  • General strategies for avoiding and managing defaults
  • Warning signs and important principles
  • Non-payment of rent
  • The tenant and landlord perspectives: common issues that arise
  • Dealing with insolvency practitioners

Prepared by David Dickens, Partner, Hall & Wilcox

Professional Skills
4.15pm to 5.15pm Resolving Retail and Commercial Leasing Disputes: Termination and ADR Strategies
  • Delve into the essential skills and strategies for effectively managing leasing conflicts
  • Learn how to navigate the complex world of lease terminations
  • Explore the power of Alternative Dispute Resolution (ADR) techniques

Presented by Adam Rollnik, Barrister, List G Barristers

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

9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Morning Tea
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
4.00pm to 4.15pm Afternoon Tea

Presenters


Mr. Adam Rollnik, Barrister, List G Barristers
Adam Rollnik is a barrister at the Victorian Bar who specialises in commercial disputes in all State and Federal Courts. He also acts as a mediator and arbitrator and is a Fellow of the Chartered Institute of Arbitrators and the Australian Centre of International Commercial Arbitration. Adam has particular expertise in contractual disputes, commercial arbitration (international and domestic), building and construction (including security of payment), owners corporations, commercial leasing, franchising, sports law, and insurance. Adam is a former lecturer at Monash University; he has taught advocacy at the Leo Cussen Centre for Law and has been recognised in Doyle’s Guide of Australia’s Best Barristers. Adam is a director of Arbitration Victoria, and prior to coming to the Bar, Adam worked as an industrial chemist for ICI and Chevron; he was a police officer with Victoria Police and a lawyer and Senior Associate at King & Wood Mallesons and Ashurst in Melbourne, Perth and London.


Mr. David Dickens, Partner,
David Dickens is a Partner in the commercial disputes resolution group at Hall & Wilcox. David frequently advises on property disputes, acting for national landlords, significant tenants, investors and developers in real estate disputes. As a commercial litigator, he regularly acts for clients in disputes involving complex contractual issues, trusts, misleading and deceptive conduct and regulatory obligations. He has appeared in the Supreme Court of Victoria, the Federal Court and VCAT and represents clients in mediations and arbitrations.


Ms. 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.


Mr. Joshua Sheppard, Barrister, Owen Dixon Chambers West
Joshua practices in trusts, equity and probate at the Victorian Bar, regularly providing advice regarding the validity of wills, the construction of wills and trust deeds, executors’ and trustees’ duties, and the prospects of estoppel and family provision claims. He was an associate to the Honourable Justice Moore of the Supreme Court of Victoria and assisted his Honour with family trusts and wills and estates matters. Prior to being called to the Bar, Joshua practised as a solicitor at Allens and the Victorian Government Solicitor’s Office in litigation.


Rochelle Castro, Principal Lawyer, RC & Co Lawyers
Rochelle Castro is a strata lawyer and owner of RC & Co Lawyers. She was a university instructor before dedicating her service to law. Whilst working to further improve her legal skills, Rochelle saw that she could better serve her clients by not only advising and advocating for them, but also educating them. She works with her “A-team” at RC & Co Lawyers, through constant rigorous training, so that they could provide effective, resourceful and clear legal service to clients. Rochelle appears in tribunals and various court jurisdictions to advocate her clients’ rights. She presents papers on strata and construction law in local and international research forums. She is also a volunteer trainer of Strata Community Association’s A100 and committee training programs.


Richard Skopal, Director, BlueRock
Richard Skopal has over 18 years experience as a Property Lawyer working for national mid-tier law firms on major transactions in each Australian jurisdiction. He has managed large leasing portfolios for national clients and acts for a number of private developer clients. He has a broad range of experience from acting for tenants in lease negotiations, purchasers in residential conveyancing, developers of all size subdivisions as well as buyers and sellers of all types of property assets. At Blue Rock Law he oversees the Property division and manages the conveyancing practice.


Paul Nunan, Director, Eastern Bridge
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.


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 predominantly for landlords with a variety of permitted uses as well as tenants. Her passion for all things property has also seen Sangeeta negotiate airport subleases, port terminal leases, shopping centre leases, leases in train stations, in medical centres and hangar licences on behalf of tenants. Sangeeta has vast experience with sales and acquisitions. She works closely with her clients to gather the information and present them in a commercial manner for sale. If clients are buying, Sangeeta has experience dealing with other consultants (environmental and specialist planning consultants) to provide them with a concise due diligence report, helping relieve some of the stress out of any transaction. Sangeeta also works closely with clients on development work. She takes a wholistic approach to every development project she works on, and has the experience and knowledge to assist with future planning and will work with clients to meet their business objectives. With experience both in-house and in strong property teams in mid-tier firms, Sangeeta brings strong commercial acumen and result-oriented thinking to the table for her clients. Sangeeta joined Keypoint Law in 2022 and is based in Melbourne.


Ms. Emily Peverill, Partner, Baker & McKenzie
Emily has extensive experience advising a broad range of corporate and government clients on market-leading real estate transactions. She is widely regarded as a safe pair of hands, guiding clients through complex transactions, as well as providing commercially focused and pragmatic advice on 'business as usual' real estate matters. Emily’s primary focus is on commercial property matters including the acquisition and disposal of commercial, industrial and retail properties, the negotiation of contracts of sale and advising on property development projects. She has significant experience with commercial leasing, including drafting and negotiating complex agreements for lease for purpose-built facilities. In recent years, Emily has advised a number of major occupiers on high value lease transactions, particularly in the industrial and logistics space. Emily also advises on land assembly for major infrastructure projects and renewable energy projects, including drafting and negotiation of project documentation and advising on land assembly strategy and value capture opportunities.


Jordan Schulz, Barrister, Foley’s List
Jordan is a commercial barrister and a member of Lonsdale Chambers, a group of leading commercial and insolvency law barristers. He maintains a broad commercial law practice and has specialist expertise in the areas of corporate insolvency and bankruptcy law. He regularly appears in interlocutory hearings, trials and appeals in all State and Federal Courts and provides advice on commercial disputes. Jordan also maintains a regulatory law practice, having successfully defended company directors in ASIC disciplinary investigations. Immediately before coming to the bar Jordan was the Senior Associate to the Honourable Justice Sifris of the Supreme Court of Victoria, where he assisted in the management of the Corporations List of the Commercial Court. In this role Jordan worked on a broad range of commercial disputes, including trials concerning breach of director's duties, shareholder oppression, derivative action, voidable transactions, breach of trust and fiduciary duty, contracts of guarantee, real property disputes, and applications for the provision of judicial advice to liquidators. Jordan read with Peter Fary SC. His senior mentor is Jonathan Evans KC.

243V20

Retail and Commercial Leasing Review

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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