Retail and Commercial Leasing Fundamentals
Date: Tuesday 19 June 2018
Time: 9.00am to 5.15pm
Venue: InterContinental Melbourne The Rialto, 495 Collins Street
Attend the full day and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
Expertise in leasing is an integral part of a successful practice, and we've got the practical, in-depth sessions to bolster your skills. This is not a 'we've heard it a thousand times' conference. From negotiation strategies to fit-out options to dealing with abandoned goods and more, this program will provide the fundamental tools to elevate your practice through hands-on lessons and examples paired with practical strategies and tactics for success.
Session 1: Lessons in the Creation of Leases
Chair: Max Cameron, Partner, MinterEllison; Best Lawyers 2018, Real Property Law
Building a Foundation: Lease Negotiations and Drafting Key Clauses
- Exploring the different frameworks of lease negotiations
- The art of the compromise
- Balancing legal and commercial interests
- Key clauses to consider:
- Insurance: what the lease says you must do to comply vs what your insurer will do
- Outgoings: the hidden traps
- Indemnities and warranties
- After hours costs
- Air conditioning: repair and maintenance and down time
- Equipment unique to premises
Presented by Mark Flynn, Partner, McKean Park Lawyers; Accredited Specialist in Commercial Tenancy Law and Business Law
Important Considerations in the Creation of Leases
- How leases are formed
- A refresher on repairs and maintenance
- Key money
- Rental incentives and clawbacks
Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist in Commercial Tenancy Law
Fitout Delivery Options in Commercial Leasing
- Integrated fitouts (ie landlord performed fitout): key advantages and risks
- Non-integrated fitouts (ie tenant performed fitout): benefits and pitfalls
- Applying landlord incentive payments towards the cost of fitout works
Presented by Nathaniel Popelianski, Partner, Corrs Chambers Westgarth; Best Lawyers 2018, Leasing Law and Real Property Law; Leading Property & Real Estate Lawyer and Leading Leasing Lawyer, Doyle's Guide 2017
Latest Leasing Developments and Cases
- Recent VCAT and Court decisions
- Other developments
Presented by Sam Hopper, Barrister, Owen Dixon Chambers West
Session 2: Pitfalls During the Life of a Lease
Chair: Max Cameron, Partner, MinterEllison; Best Lawyers 2018, Real Property Law
Assignment of Leases: Issues to Consider
- Differences in perspective between landlords and tenants
- Issues for tenants where the landlord is assigning the lease
- Assignment by tenants: common law and legislation
- When is consent unreasonably withheld?
- Particular considerations regarding retail shops
- When to use a sublease
Presented by Gia Cari, Senior Associate, Arnold Bloch Leibler
- Drafting and construing abandonment clauses
- Key statutory provisions
- Strategies for landlords when dealing with abandoned goods
Presented by Cain McGirr, Partner, Wisewould Mahony
Handling Lease Disputes
- Common issues in retail and commercial lease disputes
- Issues arising from pre-contractual negotiations
- Issues arising from exercising of option
- How to minimise the risk of common retail and commercial lease disputes
- How to resolve retail and commercial lease disputes
Presented by David McKenzie, Principal, LMG Lawyers; Accredited Property Law Specialist
With over 35 years in practice, Max Cameron has won a national reputation as a pre-eminent property lawyer for many of Australia's leading landlords and tenants. His formidable commercial property and property management knowledge and experience includes noted expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his deft handling and co-ordination of interstate teams, Max has a strong track- record acting for large corporate and public sector clients on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios. Max is closely involved in the current review of the Retail Leases Act Regulations and also the rewriting of the Estate Agents' Legislation.
Mark Flynn is a respected property and commercial lawyer. He is an Accredited Specialist in both Commercial Tenancy Law and Business Law. Mark advises corporate clients on business restructuring and business succession planning issues. Mark is Partner-in-charge of McKean Park Future Law Team. This initiative was established to anticipate and plan for changes in social, economic and regulatory climate. All our clients benefit from this proactive firm philosophy. Mark jointed McKean Park in 1988 and has over 30 years of legal experience. He is actively involved in legal education and lectures at the Leo Cussen Institute. Expertise includes Greenhouse issues, sustainable energy & resource development; Purchase & sale of business & corporate restructuring; Proactive business development strategies; Commercial & retail leasing advice; Tax effective trusts, wills & other structures; Superannuation arrangements; Information technology advice. Qualifications include Bachelor of Laws - Monash University and Bachelor of Economics - Monash University. Memberships includes Foundation member of the Law Institute Speakers Bureau; Law Institute Property Law Advisory Committee; Fellow of the Tax Institute of Australia; Fellow of the National Tax & Accountants Association; Directorship of several Public Companies.
Jamie Bedelis is the principal of Bedelis Lawyers, a property law and commercial law firm. He is accredited by the Law Institute of Victoria as a specialist in Commercial Tenancy Law, and practices in the areas of property and commercial law. He is a co-author of the Thomson Reuters loose leaf service Commercial and Retail Leasing in Australia. He is a member of the Leases Committee and the Property and Environmental Law Executive Committee of the Law Institute of Victoria.
Nathaniel Popelianski acts on real estate projects that are large, complex and deadline driven. Admitted to practice in 1998, Nathaniel's particular areas of expertise include acting for corporate real estate clients, developers, land owners, housing associations and financiers on major "head office" commercial, industrial and retail lease pre-commitments with a focus on fitout delivery models real estate development including PDAs, social/private housing projects, mixed use projects, commercial office buildings, shopping centres, industrial estates and "off the plan" residential projects & communities; real estate acquisitions and sales including shopping centres, commercial office buildings, portfolio sales, sale/lease-backs and "fund through" transactions specialist advice on a full range of property and title issues including subdivisions, owners corporations, easements and restrictive covenants; He is known for his ability to calmly and quietly come up with clever solutions to seemingly insurmountable problems.
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/
Gia Cari is a member of the Arnold Bloch Leibler's property & development group. She provides a broad range of advice to both public and private clients, and government authorities. Gia has a particular focus on acting in commercial property transactions and advises private, corporate and institutional clients on acquisitions, disposals, developments and leasing transactions. Gia joined Arnold Bloch Leibler as a law graduate in 2008 after graduating with a Bachelor of Creative Arts and a Bachelor of Laws from the University of Melbourne. She was also editor of the Melbourne University Law Review. Gia was admitted to practice in 2009 and was appointed a senior associate of the firm in July 2013. Gia is currently undertaking a Master of Laws at the University of Melbourne.
Cain McGirr works in Wisewould Mahony's Property Law and Mortgage Services department. Cain was admitted to practice in 2008 after completing his Articled Clerkship at Wisewould Mahony. Cain has ve experience acting in a broad range of property related matters and provide advice to public and private sector clients. Cain also act for clients in property and contractual disputes and has conducted matters in the Supreme Court of Victoria, the County Court of Victoria and the Victorian Civil and Administrative Tribunal.
Associate Professor David McKenzie is senior staff specialist, Head of the Department of Respiratory and Sleep Medicine at the Prince of Wales Hospital and Director of the South Eastern Sydney Local Hospital Network Cardiac and Respiratory Clinical Stream. He has an international reputation for his research with 97 papers in top ranking journals and over 115 published abstracts. He has made a major contribution nationally to changing models of care and improving clinical practice, particularly in the management of COPD, through his leading role in the development and implementation of the Australian and New Zealand COPD Guidelines. Assoc. Prof. McKenzie has extensive medicolegal experience in occupational lung disorders and lectures on dust diseases and occupational asthma to medical students and occupational physicians. He has prepared numerous medicolegal reports relating to asbestos, silica, carcinoma and asthma claims and appeared as an expert witness on many occasions. He has also prepared environmental impact reports and provided expert evidence relating to health effects from quarrying, mining and silicon smelting. Pulmonary function and exercise testing services were provided to the Dust Diseases Board of NSW and Assoc. Prof. McKenzie has examined thousands of workers, reviewed radiographs and reported lung function tests. He has participated in and supervised mobile screening services for workers at various industrial sites around Australia including power stations, quarries and mines. He has assisted in a number of research studies in the asbestos and glass fibre industries. Between 2004 and 2010 Assoc. Prof. McKenzie was the medical supervisor of the Australasian component of the British Coal Compensation process for over 2000 former British coal miners.
Intercontinental Melbourne, The Rialto
Lower Ground Meeting Rooms, 495 Collins Street
Parking: The hotel offers valet parking from $50.00 per vehicle.
Alternatively there are a number of public car parks within 5 minutes
walking distance from the hotel on either Collins Street or Flinders Lane.
The closest train station is Southern Cross Station and the Taxi fee from
the train station is about $10.00. No parking or travel costs are included
in the conference fee.
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"Very informative, useful and practical seminar, very relevant."
Delegate - Retail and Commercial Leasing Masterclass, Perth, November 2017
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