Legalwise: Retail and Commercial Leasing – the Essentials

Date: Friday, 12 June 2015
Time: 9.00am to 5.15pm
Venue: Duxton Hotel, 1 St George’s Terrace, Perth

Attend and earn:

4 CPD Points in Competency Area 4: Substantive Law
3 CPD Points in Competency Area 2: Professional Skills

Devoting an entire day to retail and commercial leasing, this informative and practical day will break down and simplify the key issues encountered in leasing. Jam packed with scenarios and exercises to put theory into practice, this is the ideal way to absorb and thoroughly understand the essentials. For legal practitioners new to leasing law, those who want a comprehensive refresher or property managers and real estate agents, this seminar will help you move forward in your leasing career with a clearer understanding of the most important fundamentals.  For more information and to register click here

Session 1: Practical Leasing Workshops and Updates

9.00am – 1.15pm

Chair: Matthew Ellis, Director, MGB Legal

Successfully Managing Retail Leases Workshop
This session will guide you through the issues that can arise while negotiating, drafting and working with retail leases with particular reference to a case study. You will learn about all of the most important elements of retail leases through a
practical workshop covering:

  • The importance of clearly identifying and documenting key elements of the lease
  • Access to and fitout of the premise
  • Retail lease documentation and relevant provisions of the Commercial Tenancies (Retail Shops) Agreements Act
  • The consequences of a tenant’s failure to recognise the need for terms to be properly documented and of poor drafting
  • The remedies and practical elements to disputes between landlord and tenant

Presented by Mark Fatharly, Partner, Kott Gunning

Leasing Process Workshop: From Execution to Completion
Work step by step through the lease process from the execution of a lease to completion. Any mistake in this critical leasing process can lead to severe consequences, so take this opportunity to learn how to get the details right and protect your client with this pragmatic workshop that will cover:

  • Obtaining a mortgagee’s consent and why this is necessary
  • Navigating the disclosure and registration processes
  • How to satisfy the Registrar’s requirements and who pays for what
  • Valuable tips for avoiding requisitions and how to ensure that a lease is properly executed

Presented by Bronagh Doherty, Senior Associate, Corrs Chambers Westgarth

Understanding Commercial Leases Workshop
This workshop will allow you to gain valuable and practical experience with commercial leases by working through lease examples and exercises that will cover:

  • Completing the front page and including information in the heads of agreement into a standard commercial lease reference schedule
  • Working with letters of intent and dealing with rent issues
  • Helpful tips and examples on how to deal with make good obligations and bank guarantees
  • Practical considerations regarding managing commercial leases

Presented by Tom Meagher, Director – Commercial Law, Murfett Legal

Case Law and Legislative Update: What You Need to Know
This session will give you a thorough understanding of the most important leasing cases and developments from the past year. You will learn about the latest legislative changes and key trends that are critical for your practice.

Presented by Guy Douglas, Director, Douglas Cheveralls Lawyers

Session 2: Key Legislative Updates: What You Need to Know

2.00pm – 5.15pm

Chair: Kevin Morgan, Special Counsel, Murfett Legal

Assignment of Lease: Issues to Consider and Pitfalls to Avoid
Overview of assigning a lease: What are the normal procedures and issues to consider?

  • The consent of the landlord and other conditions precedent
  • Understanding and dealing with incentives and other ancillary rights
  • The position of the parties after assignment: key issues to access

Presented by Andrew Throssell, Partner, Hotchkin Hanly

Lease Termination: Protecting Interests and Avoiding Disputes
Preparing for the end: steps to take prior to a termination

  • Understanding and leveraging options to renew
  • Ending the lease: strategies to implement and pitfalls to avoid
  • Removing the tenant: negotiations and lockouts
  • Post-termination procedures: claiming damages, obligations and property left on the premises

Presented by Peter Beekink, Partner, Lavan Legal

Mechanisms and Processes for the Resolution of Disputed Rent Reviews

  • Valuation principles
  • The “Rule Book”
  • The basics of market rent
  • When should you bring in an expert on valuation?
  • Rent review process (retail and non-retail premises)
  • How to analyse and negotiate rent
  • The ins and outs of disputes: arbitration and determination
  • Dispute resolution options and outcomes
  • The award

Presented by John Martin, Managing Director, Australian Property Consultants