Retail and Commercial Leases Half Day Conference
Start time 1 Aug 2019 9:00am (Australia - Melbourne)
End time 1 Aug 2019 1:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program for details.
Catering Includes morning tea and refreshments
Designed for Legal practitioners
Product Code C19031

Retail and Commercial Leases Half Day Conference

1 Aug 2019 9:00am - 1 Aug 2019 1:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

This program will chaired by:

Max Cameron, Partner, MinterEllison

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.


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

Presented by: Jane Baddeley, Partner, Hall & Wilcox


CPD Units:

Substantive Law: 4.0
(includes GST)