Retail and Commercial Leasing Masterclass

Session ID: 183S03
Date: Tuesday, 06 March 2018
Time: 02:00pm - 05:15pm
Venue: Stamford Plaza Adelaide Hotel, Level 2 Meeting Rooms, 150 North Terrace, Adelaide

Face to face

Substantive Law: 3

State: SA CPD:3
Standard Price $480.00

Also available as

OND183S03 Seminar Recording WEB183S03 Live Web Seminar

Overview

Session Content

Date: Tuesday 06 March 2018
Time: 2.00pm to 5.15pm
Venue: Stamford Plaza Adelaide Hotel

Attend and earn 3 CPD units in Substantive Law

With amendments to the Retail and Commercial Leases Act 2017 on the way and significant decisions occurring in the courts, the leasing space is undergoing changes bearing serious implications. Stay ahead and gain the latest updates on the most important leasing matters and gain essential skills in key areas of leasing practice.

Chair: Leah Wright, Partner, MinterEllison; Doyle's Guide Rising Star in Property & Real Estate SA, 2016

The Latest in Leasing: Retail and Commercial Leases (Miscellaneous) Amendment Bill 2017

  • Status of the Retail and Commercial Leases (Miscellaneous)Amendment Bill 2017
  • Review of the changes effected by the Bill
  • Tips and traps

Presented by David Hopkins, Partner, Brown and Associates Commercial Lawyers; Doyle's Guide Recommended Property & Real Estate Lawyer 2016, 2017

The Effect of the Rent Threshold in the Application of the Retail & Commercial Leases Act1995: Diakou Nominees Pty Ltd v Gouger Street Pty Ltd [2017]
Explore and understand the implications of this important case.
On 4 April 2011, the Retail and Commercial Leases Variation Regulations 2010 (SA) increased the prescribed rent threshold which determines whether the Act applies to a lease. In Diakou Nominees Pty Ltd v Gouger Street Pty Ltd [2017] SASC 72, Stanley J found that upon the proper construction of the Act, the new threshold determines whether the Act applies even in the case of leases predating the change to the threshold. The matter is now on appeal to the Full Court.

Presented by Arturo Dal Cin, Barrister, Murray Chambers

Reparation, Make Good and Dilapidation 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 Peter Britten-Jones, Barrister, Bar Chambers

The Termination Checklist: Ticking the Boxes

  • Understanding your options and the necessary provisions
  • Discussing ways to terminate a lease
  • Relief from forfeiture: notices of breach and termination of leases
  • Abandonment: dealing with goods left on premises
  • How to claim damages after termination

Presented by Justin Ratanatray, Principal, JKR Lawyers

Presenters

Chair:Leah Wright

Leah Wright is a leading property law practitioner who advises clients across the full spectrum of commercial property transactions. This includes the development, acquisition, disposal and leasing of various types of property, including commercial, industrial, residential and retail sites. Having worked with student accommodation providers and educational institutions for more than a decade, Leah is extremely passionate about the export potential of Australia's higher education sector. She also has a keen interest in the health industry, advising on complex site acquisition and development arrangements for hospital and day surgery projects in South Australia. Drawing on Leah's intimate knowledge of her clients' businesses and the industries in which they operate, she offers pragmatic and practical advice they can trust.

David Hopkins

David Hopkins obtained his law degree from the Flinders University of South Australia and was admitted to practice in September 1998.Since July 2007, David Hopkins has been a partner at Brown & Associates Commercial Lawyers, a firm which practices predominantly in commercial property law. Prior to this David worked at O'Loughlins Lawyers for 8 years, practising in property and estate planning law. David currently acts for the owners of numerous retail shopping centres, office buildings and industrial properties throughout South Australia. David also acts for tenants, including franchisors that lease multiple tenancies and sub-let them to franchisees. David also maintains a practice in estate planning and estate administration law. David is a member of the Law Society's Property Committee and the Succession Committee and the Property Council of Australia.

Arturo Dal Cin

Arturo Dal Cin is a barrister at Murray Chambers. His areas of interest include commercial lease dispute, equity, insolvency, building and construction, commercial disputes and estate litigation. He holds undergraduate degrees in Law and Economics from the University of Adelaide and a Master of Laws from the University of Bristol. He commenced practice as a solicitor in 1993 and moved to the Bar in 1999.

Peter Britten-Jones

Peter Britten-Jones is an experienced commercial litigator at the independent Bar since 2006 and has appeared as Counsel in the Federal, Supreme, District and Magistrates Courts. Particular interests are property, insolvency and bankruptcy, trade practices and corporate law. Peter has presented several papers at the Law Society on topics including unconscionability, property, insolvency and the Trade Practices Act.

Justin Ratanatray

Justin Ratanatray is responsible for the strategic direction, control and delivery of all matters nationally. Proudly sitting a little outside of the traditional lawyers' mould, he is driven by his mantra "Redefining Expectations". He was a finalist in the 2004 National Lawyers Young Gun Award and in 2006 a recipient of the James Douglas Archibald Prize. He has represented clients from all walks of life in South Australia, New South Wales, Queensland and Victoria. After serving his articles of clerkship under Mr Peter Humphries from 1995 to 1999 he worked for a national law firm from 1999 to 2006. During this time JKR became a Partner and headed that firm's divisions in the areas of retail, insolvency and debt recovery nationally. He was also the National General Counsel. In July 2006, he commenced practice as an independent barrister, regularly appearing in Queensland, New South Wales, Victoria and South Australia. He is the founding director of JKR Lawyers. JKR provides seamless representation and advocacy to clients nationally.

Venue Details

Stamford Plaza Adelaide Hotel

Level 2 Meeting Rooms, 150 North Terrace
Adelaide 5001
SA, AUS

Ph: 08 8461 1111

Directions:

Nearest train station is Adelaide Railway Station.

Valet parking is available at the Stamford Plaza hotel from AUD $40 per

car, per day.

Guest Self Parking is available at the Stamford Plaza hotel from AUD

$20.00 per 24 hours.

No parking or travel costs are included in the conference fee.

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