Retail and Commercial Leasing Review

Do you have the knowledge to excel in today's leasing environment? Are you up-to-speed on key leasing issues and solutions? Attend and examine agreements for leases and purpose-built facilities, where emerging industries are reshaping the traditional lease agreement. Learn how to effectively manage redevelopment, tenant downsizing, assignments, subleases, misleading conduct, make good and termination. Adapt to changing circumstances in this ever-evolving field. 243N34

Tuesday, 19 March 2024
Session 1: Leasing Cases, Agreements, Early Access & Changing Circumstances

Chair: Roger Marshall SC, Ground Floor Wentworth Chambers

9.00am to 10.00am Significant Leasing Reforms, Developments, Cases and the Impact on Your 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

Presented by Anthony Herro, Principal Solicitor, Herro Solicitors; Leading Leasing Lawyers NSW, Doyle’s Guide 2023; Recommended Leasing Lawyers NSW, Doyle’s Guide 2019, 2020, 2021 and 2022

10.00am to 11.00am Agreement for Leases and Purpose-Built Facilities
  • Emerging industries and the abandonment of the precedent form Agreement for Lease
  • Duty of lawyers to explain and document terms in an Agreement for Lease for a purpose built-facility
  • Examining the risks associated with agreements for lease for purpose-built facilities and mitigation strategies

Presented by Dannelle Howley, Partner, Squire Patton Boggs

11.15am to 12.15pm Early Access Agreements, Leasing Incentives and Clawbacks

A practical 'how to' session discussing the concerns of both landlord and tenants.

  • Access prior to lease commencement including alternatives for documenting the commercial agreement and risk allocation
  • Incentives including cash payments, rent reductions, rent free periods, fitout contributions and a consideration of the clawback of incentives on assignment and termination

Presented by Alicia Albury, Partner, Maddocks; Recommended Leasing and Property & Real Estate Lawyer, Doyle’s Guide 2023, 2022 and Sam Troutman, Senior Associate, Maddocks

12.15pm to 1.15pm How to Deal with Redevelopment, Tenant Downsizing, Assignment & Subleases: Navigating Changing Circumstances
  • Redevelopment raises many issues for a tenancy. If you are a landlord, you may need the right to redevelop the whole or part of a site; if you are a tenant, your tenancy may be impacted by such redevelopment. 
  • Assignment of leases, subleases or negotiation of surrenders: As our economy continues to experience economic changes, there may be many circumstances where tenants need to reassess their economic footprint.  This may necessitate assignment of leases, subleases or negotiation of surrenders
  • Make good and repayment of incentives: these transactions may trigger make good and repayment of incentives
  • Consider relevant lease clauses, cases and any legislation

Presented by Andrew Grima, Partner, Bartier Perry

Session 2: Lease Trouble: Misleading Conduct, Forfeiture, Make Good & More

Chair: Lexia Wilson, Principal Lawyer, Lexia Wilson Lawyers

3.45pm to 4.30pm Dealing with a Lessee’s Failure to Make Good
  • Scope of the duty: Were they supposed to fix that?
  • Quantifying the landlord’s loss  
  • Tips for pleading and proving the claim
  • Points to consider when drafting a make good clause

Presented by James Pearson, Barrister, Third Floor Wentworth Chamber

2.00pm to 2.45pm Misleading and Deceptive Conduct and Unconscionable Conduct in the Negotiation and Enforcement of Leases

Provisions of the Retail Leasing Act 1994 (NSW) and the Australian Consumer Law prohibit the engagement of conduct that is unconscionable, misleading or deceptive in connection with a retail shop lease or otherwise in trade or commerce, including commercial or retail leases, including regarding the negotiation and enforcement of leases. Particular issues have arisen since Covid and the application of, and compliance with, the regulatory response to Covid. Allegations of unconscionable, misleading or deceptive conduct are usually made by tenants against landlords, often in the context of a broader dispute. You will:

  • Consider recent Court and Tribunal decisions which have considered the application of these laws, including but not limited to those that concerned Covid issues
  • Identify the relevant principles as most recently applied

Presented by Andrew Fernon SC, University Chambers

2.45pm to 3.30pm Relief Against Forfeiture and Tenants in Insolvency
  • What is relief against forfeiture and how does it work?
  • What happens if a tenant becomes insolvent? What are the landlord’s rights?

Presented by Maria Tsakirios, Special Counsel, MinterEllison

4.30pm to 5.15pm Retail Leases and The Termination Checklist: Ticking the Boxes
  • Understanding your options and the necessary provisions
  • Methods of termination
  • Relief against forfeiture
  • Abandonment: dealing with goods left on premises
  • Claiming damages post-termination

Presented by Mark Isaac, Barrister, Tenth Floor St James Hall Chambers

3.30pm to 3.45pm Afternoon Tea
Description

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

11.00am to 11.15am Morning Tea

Presenters


Mr. Sam Troutman, Senior Associate,
Sam is a property lawyer who is experienced in all aspects of commercial real estate transactions. Sam has advised clients on a broad range of property transactions, including the acquisition and sale of commercial and industrial real estate, commercial, industrial and retail leasing and off-the-plan residential and mixed-use developments. Sam acts for clients across both the public and private sectors including property developers, SME’s, local councils and state government agencies. Sam also has extensive experience in general property work such as put and call options, licensing, preparing and negotiating easements and strata documents and residential subdivisions. Sam focuses on his client’s objectives and always aims to assist his to achieve their business goals in a commercial and cost-efficient manner.


Ms Dannelle Howley, Partner,
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.


Mr Andrew Grima, Partner,
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.


Mr. Anthony Herro, Principal Solicitor,
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.


Ms. Maria Tsakirios, Special Counsel, MinterEllison
Maria Tsakirios Maria Tsakirios is a Special Counsel at MinterEllison specialising in property and leasing (commercial, industrial and retail) disputes. Maria has acted for a number of publicly listed and national corporations including shopping centre owners, managers and also for property developers. She is an experienced litigator, with particular experience in property and development and leasing litigation and commercial litigation, including contract law and competition and consumer law. She also practices widely in all forms of dispute resolution including mediations, arbitrations and commercial settlement conferences. Maria's approach to resolving disputes is practical and commercial. She enjoys getting to know her clients and the commercial drivers of their businesses so that she can ensure she provides tailored risk management advice to help manage disputes in their infancy and avoid litigation where possible. Maria is always mindful of her client's key objectives and commercial drivers and conducts litigation in a way which is ever mindful of the need to achieve legally correct but also commercial outcomes.  


Ms Alicia Albury, Partner,
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.


Mr Mark Isaac, Barrister,
Mark was admitted to the NSW Bar in May 2021. Prior to coming to the Bar, he obtained his degree in Bachelor of Laws at the University of Auckland and was admitted to the High Court of New Zealand in 2014. He has gained experience working as a solicitor at Willis & Bowring and appearing in NSW Civil and Administrative Tribunal, Local and District Courts, the Federal Circuit and Family Court of Australia and the Supreme Court. Mark is building a strong practice in equity, bankruptcy & insolvency and commercial disputes. He also practises in appellate law, building and construction and real property.


Mr. James Pearson, Barrister, Third Floor Wentworth Chambers
James is a highly regarded barrister with a focus on commercial and real property law. Since being called to the bar in 2015, he has built a reputation for delivering exceptional results for his clients. James' combination of legal expertise and strategic thinking has proven invaluable in resolving complex legal matters. He is passionate about providing high-quality legal representation and is dedicated to ensuring that his clients' interests are always protected. James accepts briefs to appear in all jurisdictions. His work is based primarily in Sydney and Brisbane.


Mr Andrew Fernon, Senior Counsel,
Andrew Fernon was called to the NSW Bar in 2000, having been previously admitted to practice in 1988 in both NSW and the ACT. He read with David Hammerschlag (now the Hon. Hammerschlag, Chief Judge in Equity, Supreme Court of NSW). Andrew has been a member of University Chambers since 2001, taking silk in 2020. Andrew maintains a broad practice; however he has particular interest and expertise in commercial, corporations, equity, insolvency, leasing / strata / real property. Andrew also appears in family law disputes, particularly involving issues of property, equity and insolvency. He has considerable experience in appellate work in all areas of his practice. Andrew appears in all courts and tribunals in all jurisdictions. Whilst based in NSW, he has had considerable recent experience appearing in Queensland.

243N34

Retail and Commercial Leasing Review

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All Sessions
Tuesday, 19 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
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Morning Session
Tuesday, 19 March 2024
9.00am to 1.15pm Australia/Sydney
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Afternoon Session
Tuesday, 19 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St -  Click here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates