CPD Programs

Lease Incentives – What can go wrong? 

Lease incentives are more commonly being offered in both retail and commercial lease negotiations to entice tenants to enter into the lease in an ever-competitive market. This session will discuss the implications of a lease incentive and the traps that both landlords and tenants need to be aware of, and will include:

• Tax Implications;
• Rent Free Periods;
• Can the lease be assigned under the incentive;
• Deed/Disclosure of Incentive;
• Repayable incentives;
• Contribution towards fit out and ownership;
• Default provisions under the incentive;
• Clawback provisions;
• Case update and lessons learnt in this area.

Presented by: Samantha Taylor, Special Counsel, Russell Kennedy Lawyers

Disputes in Commercial and Retail Leases – Avoiding common errors in leasing litigation 

This session will discuss the common errors made by practitioners in leasing litigation when either acting for the landlord or tenant. This session will provide guidance on the important issues which must be considered when commencing and during the litigation process including:

• Jurisdictional issues;
• Failure to apply termination provisions correctly;
• Failure to advise on long term lease obligations;
• Issues found in Breach Notices;
• Advising on costs implications – Retail or Commercial Lease.

Presented by: David Dickens, Special Counsel, Hall & Wilcox

Eviction Notice! Terminating the Commercial Lease 

The Commercial Lease is often understood by the Courts and VCAT to be long term binding contract between the landlord and commercial tenant. The rules governing Commercial Leases are complex and landlords must follow the mandatory steps in order to gain lawful possession. Otherwise action can backfire on the landlord. Your advice to tenant or landlord needs to be ‘spot on’ when advising in relation to a possible breach and termination actions.

This session will discuss the process when evicting a commercial tenant including:

• The entitlement to evict and whether there was a breach;
• Termination by notice or a right to re-entry;
• Dealing with wrongful eviction by the landlord;
• Commencing proceedings for re-entry;
• Damages;
• The risk of a set-off claim.

Our presenter will also address some of the subtle complexities that can derail an attempt to evict.

Presented by: Philip Barton, Barrister, Victorian Bar

GST considerations in Commercial and Retail Leasing 

This session will discuss the GST consideration and implications faced in retail and commercial leases and will highlight what you need to know to advise your client correctly! This session will include:

• Getting GST clauses right;
• Rate of GST to be charged;
• GST and Lease Incentives;
• Supplying leased property;
• When and where is GST applicable.

Presented by: Peter Fox QC, Barrister, Victorian Bar

FOR LEASE! What’s the latest in leasing – 2019 

This session will address recent and emerging legislative developments and case updates including:

Case Report:

• Grounds for terminating a lease? - Red Pepper Property Group Pty Ltd v S 3 South Melb Pty Ltd (2019) VSC 41;
• Drafting Errors: Perpetual Ltd v Myer Pty Ltd [2019] VSCA 98
• Tripple A Case – Recent decision of the Queensland Court of Appeal – Tripple A Pty Ltd v WIN Television Queensland Pty Ltd (2018) QCA 246.

Updates:

• Commercial Building Disclosure Program – Federal Government Independent Review;
• Short term letting and Owner’s Corporation update.

Presented by: Jane Baddeley, Partner, Hall & Wilcox

Your Ultimate 2019 Case Update 

Are you sure you are on top of all the latest building and construction cases? This session will review recent significant cases in building and construction related litigation, highlighting key lessons and risk areas. Cases to September 2019 will be covered. This session is The Ultimate Case Update!  

Issues include:

• Defects and Incomplete Works;

• Limitations of Actions;

• Liability of Construction ‘Professionals’;

• Scope of Works.

Drafting Mini-Masterclass  

This session will tackle head on the essential tips and traps in various important agreements.

• Navigating through the Construction Contract - What to look out for and what to avoid including reference to express representations and also the relationship to Australian Consumer Law

• Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off the Plan Contracts and advising clients in related contracts.

This session will provide an overview of the most important factors you must ensure are covered in these documents.

National Construction Code (NCC) of Australia 

The NCC was adopted on 1 May 2019 and introduces significant changes. The NCC is administered by the relevant States and Territories (in Victoria under the Building Act 1993) and broadly covers the following:

• NCC Volume One applies to multi-residential, commercial, industrial and public buildings and structures.
• NCC Volume Two applies to residential and non-habitable buildings and structures.
• NCC Volume Three applies to plumbing and drainage for all classes of buildings.

This session will discuss the above changes including:

• Performance Based Compliance Options;
• Acceptable Construction Practices (ACP).

Construction Contracts Management  

A construction project often requires multiple contracts to be drafted involving builder, IT Contractor, AV Contractor and others.  Synchronising these multiple contracts is essential for the project to run smoothly. 

This session will look at a ‘typical’ construction project scenario and outline the common multiple contracts that may be involved and provide helpful guidance on managing this complex process.

Performance Securities - Options and Risks 

The issue of which Performance Security to choose when drafting building and construction contracts can be critical when things go wrong. This session will demystify this often complex area and provide guidance on the options and risks associated with those options. This session will discuss and compare options including:

• Banks Guarantees

• Insurance Bonds

• PPSR Securities

• Cash Retention

• Letter of Comfort

• Mortgage

• Longer Payment Terms and Offsetting Provisions

• Separate Bank Account

• Related Party Guarantee

ALERT! The Sale of Land Amendment Act 2019 and Sunset Clauses – A New Dawn Breaks for Purchasers 

The Sale of Land Amendment Bill 2019 was passed on 28 May 2019 and introduced key changes to sunset clauses and off the plan developments which is to have retrospective effect to 23 August 2018.

This session will discuss the Sale of Land Amendment Act 2019 and will focus on new provisions ss10A to 10F that the Act will insert into the Sale of Land Act 1962. These provisions will impose significant impacts on vendors, their current developments and future investments.

Presented by: Louise Hicks, Barrister, Victorian Bar

Insurance - Managing Construction Risk 

What are the risks to your client if you fall short of giving the proper advice regarding the usual and perhaps more unusual insurance cover applicable to your client’s project? Insurance issues include policy coverage, terms and conditions, exclusions, defective work and design, indemnity and subrogation, project coverage and gaps.

This session will provide an overview of the insurance related risks including subtleties and nuances that building and construction lawyers need to know and how to best protect their clients’ interests.

Presented by: Alexandra Golding, Barrister, Victorian Bar

Duties Update - 2019 / 2020 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• Foreign Purchaser Duty;

• Land Transfer Concession Duties;

• Stamp Duty and Residential Developments.

Land Tax Update - 2019 / 2020 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• Principle Place of Residence;

• Absentee Owner Surcharge Rate;

• Assessments and Objections;

• Valuation Changes;

• Exemptions including the Primary Production;

• Exemption;

• SRO and ATO Audit Crackdown.

GST Impact on Property Transactions 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• GST Margin Scheme;

• GST at Settlement;

• GST Adjustments;

• Included and Excluded Properties and Refunds;

• ATO Audit Crackdown.

Complex Land Transfer Transactions Online - Mandatory from 1 August 2019 

This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

• Calculation of Duty;

• Aligning Complex and Noncomplex Transactions;

• Data Security;

• Risk Management.