Step into the dynamic world of leasing law with confidence and expertise. In an ever-evolving sector, it's crucial to adopt a thoughtful approach that sets you apart. Advance your leasing law practice by strengthening your reserve of practical strategies across the Retail Leases Act, VCAT developments and lease negotiations. Work-through contentious tenant and landlord dynamics across assignments, end of term reparation and make good obligations.
10.50am to 11.35am The Assignments of Retail Leases from both the Landlord and Tenant Perspectives
- A review of what should be included in assignment clauses
- How to deal with institutional landlords on assignments
- Dealing with requests to assign to unacceptable tenants
- When you can refuse consent?
Presented by Kieran McAlpine, Senior Associate, MinterEllison
9.50am to 10.35am RLA Amendments and VCAT Developments
Examine changes to the RLA and VCAT developments and consider the practical impacts on your commercial leasing practice.
Presented by Sam Hopper, Barrister, Greens List
Chair:
Max Cameron, Partner, MinterEllison; Leading Property and Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2023, 2022
11.35am to 12.20pm Leasing Negotiation in Commercial Leases
Explore a variety of issues commonly encountered in lease negotiations and discuss the positions commonly adopted by both tenants and landlords, including:
- Repair covenants
- Damage and destruction clauses and their interaction with insurance provisions
- Abatement of rent for the failure of services
- Market rent review clauses, including “face” and “effective” rents
Presented by Robert Hay KC, Greens List
12.20pm to 1.05pm End of Term Reparation and Make Good Obligations
- Repair and maintenance obligations
- Make good obligations: the technical details
- How to establish baseline conditions and the importance of doing so
- Assessments and quantification of repair claims
- Tips to get the other side to pay up
Presented by Samantha Taylor, Principal, Russell Kennedy Lawyers; Recommended Leasing Lawyer, Doyle’s Guide 2023; Best Lawyers 2022, Property Law and Krystal Pellow, Senior Associate, Russell Kennedy Lawyers
9.05am to 9.50am Recent Retail and Commercial Leasing Cases
Examine some of the key cases in retail and commercial leasing with Sam Hopper 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 Sam Hopper, Barrister, Greens List
10.35am to 10.50am Morning Tea
9.00am to 9.05am Opening Comments by the Chair
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Max Cameron, Partner, MinterEllison
Max Cameron is a leading property lawyer with over 41 years acting for many of Australia's leading landlords and tenants. His formidable commercial property and property management knowledge and experience includes recognised expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his management and co-ordination of national, cross-jurisdiction teams, Max has a strong track-record acting for large corporate and public sector clients including AMP Capital, Challenger, Charter Hall, Dexus, GPT, Pacific Group, QIC, Vicinity, CBA, ANZ, Woolworths, Mirvac, Abacus and Cromwell on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios. Max's expertise is widely recognised as leading in independent legal directories including Chambers, Best Lawyers and Doyle's Guide and has been recognised as one of Australia's preeminent Real Estate lawyers. Max is the co-author of the MinterEllison publication 'Retail Tenancy Legislation Compendium', a comparative publication which details the retail legislation in each of the eight Australian jurisdictions and which is often referred to as the 'leasing bible of retail'.
Kieran McAlpine, Senior Associate, MinterEllison
Kieran is a Senior Associate in the Real Estate Group at MinterEllison and specialises in retail, office and industrial leasing. Kieran currently manages the retail leasing portfolio for Lendlease in Victoria and Western Australia as well as the commercial and industrial leasing portfolios for Lendlease in Victoria. He also anchors the provision of legal services to AMP and GPT for commercial and industrial leasing in the Melbourne office, together with a Special Counsel. In 2020 Kieran was selected for inclusion on the Doyle's Guide Property & Real Estate Rising Stars – Australia. Kieran is admitted to practice law in New Zealand, having commenced his legal career there, and has also worked as a property lawyer in the United Kingdom.
Robert Hay KC, Greens List
Robert Hay has been a barrister at the Victorian Bar since 1992 and practice mainly in the area of property law including sale of land, owners' corporation disputes, mortgages and leasing. Robert was appointed as a senior counsel in November 2014. He also acts as a mediator in property law disputes. Robert has co-authored the following leading texts - Bradbrook, Croft and Hay Commercial Tenancy Law (3rd ed, LexisNexis), 2009; Croft and Hay The Mortgagee's Power of Sale (3rd)(LexisNexis), 2012; Croft and Hay Retail Leases Victoria (looseleaf)(LexisNexis); and Hay, Lloyd and Rimmer Transfer of Land Act (Vic), 2nd ed, Thomson Reuters. Robert is also case note editor of the Property Law Journal (LexisNexis) and author of the popular blog "The Property Law Blog". Before becoming a barrister he was a cadet journalist and journalist with "The Mercury" newspaper in Hobart (1978 - 1983) and a solicitor at Arthur Robinson & Hedderwicks in Melbourne (now Allens) (1987 - 1992).
Sam Hopper, Barrister, Greens List
Sam Hopper is one of the Victorian Bar's leading property and insolvency barristers. He acts for investors in relation to various collapsed managed investment schemes, regularly advises and appears for the Small Business Commissioner and regularly appears in the retail tenancies list at VCAT. Sam also maintains an active blog discussing various issues relating to property and insolvency at http://samhopperbarrister.wordpress.com/
Samantha Taylor, Principal, Russell Kennedy Lawyers
Samantha has experience in a variety of commercial property transactions including sales and acquisitions and commercial leasing. Samantha advises both landlord and tenant clients in all aspects of leasing transactions, across all Australian jurisdictions. In addition to her leasing work, Samantha advises clients in respect of commercial sales and acquisitions, including preparing and reviewing transaction documents. Samantha has broad commercial knowledge, having lectured in Commercial Law and Corporations Law at Monash Business School and Corporations Law at Melbourne Law School.
Krystal Pellow, Senior Associate, Russell Kennedy Lawyers
Krystal is a Senior Associate in the firm’s Property & Development practice with a particular focus on sales and acquisitions, property development, and leasing transactions. Krystal advises private, corporate and institutional clients in a broad range of commercial property matters, including commercial, retail and industrial leasing for major landlords, tenants and statutory authorities. Prior to joining Russell Kennedy in 2019, Krystal spent 8 years in the Property & Development team at Arnold Bloch Leibler in Melbourne. Krystal has been listed in the Best Lawyers Guide for Real Property Law for consecutive years.
