Understanding Retail and Commercial Leases

Course ID CN190208_PRO1

  • Face to Face
  • 3.25
  • Foundation

With the retail and commercial leasing market in a state of fluidity, it can be difficult to stay ahead on the current position of the law. Let our experienced practitioners analyse and explain the latest developments and issues that you need to know in order to practice confidently in the area of retail and commercial leasing.


By attending you will:

  • Understand enforceability, assignment and options to renew in the leasing space.
  • Learn the difference between an agreement for lease and fitout deeds and when it is appropriate to use either method.
  • Gain vital information on legislative updates and case law on misleading and deceptive and unconscionable conduct in retail leases


Our speakers include:

Chair: Edward Boyce, Senior Consultant, Hunt & Hunt Lawyers

Gary Newton, Partner, HWL Ebsworth

Sebastian Busa, Partner, Baker & McKenzie

Anthony Herro, Principal, Herro Solicitors


50% discount for New Lawyers

New Lawyers in their first three years of practice are eligible for a 50% discount off the full price of this program. This discount cannot be claimed in conjunction with any other discounts, including the alumni/Law Society member discount. Please quote NEWLAWYER at the checkout.

Scroll down for the full program


Full Price $360.00

Alumni/Member Price $324.00


Start date:

28 February 2019

End date:

28 February 2019


1.45pm - 5.00pm


The College of Law
Level 16, St James Centre
111 Elizabeth Street
Sydney NSW 2000

About This Course


1.45pm: Introduction and Overview

Chair: Edward Boyce, Senior Consultant, Hunt & Hunt Lawyers


2.00pm: Recent Leasing Cases: Enforceability, Assignment and Option to Renew and Lease Creation 

Speaker: Gary Newton, Partner, HWL Ebsworth

  • Can a tenant abandon the agreement for lease created on the exercise of option?
  • Options to renew
  • Is a lease agreement binding?
  • Recent cases and updates in this space


2.50pm: Afternoon Tea and Networking Opportunity


3.10pm: Agreement for Leases, Fitout Deeds and Tenant and Landlord Works    

Speaker: Sebastian Busa, Partner, Baker & McKenzie

  • Main elements for agreement for lease
  • Dealing with landlord contributions to tenant fitout
  • When is it suitable to use an agreement for lease and fitout deed


4.00pm: Misleading and Deceptive and Unconscionable Conduct in Retail Leases  

Speaker: Anthony Herro, Principal, Herro Solicitors

  • Overview of the law and relevant legislative provisions
  • Key decisions which are crucial for practitioners to be aware of
  • Recent cases in relation to unconscionable conduct and misleading and deceptive conduct in leasing.


5.00pm: Close



Designed for

This program is ideal for solicitors in general practice, commercial property lawyers, accredited specialist property lawyers, conveyancing specialists, corporate counsel, senior executives of financial & property corporations. This course complies with the mandatory requirements of Ethics and Professional Responsibility, and Substantive Law.



Presenter biography

Chair: Edward Boyce

Senior Consultant, Hunt & Hunt Lawyers

Ned has acted in real property transactions for over 45 years. His practice includes retail, commercial and industrial leasing, property purchases and sales in all titles, land development projects including "off the plan" projects and primary production real estate.


Gary Newton

Partner, HWL Ebsworth

Gary is an accredited specialist in property law since 1994 and has a built broad property practice since 1983. Gary advises on a variety of real estate transactions including retail leasing and commercial leasing, both for landlords and tenants, property acquisitions, property developments and sales including residential, commercial, retail and industrial, buying property in Australia, strata, community and neighborhood title law, property joint ventures, due diligence, finance and structuring, partitions, environment and planning; and general property advice.

Gary’s personal clients comprise a mixture of property developers, high net worth individuals, insurance companies, major NFP organisations and government authorities such as Roads and Maritime Services, Snowy Monaro Regional Council and Transport for NSW.  Gary’s clients have also include Chinese investors conducting property transactions in Australia


Sebastian Busa

Partner, Baker & McKenzie

Sebastian Busa is a partner at Baker & McKenzie, Sydney office. Sebastian is a recommended real estate practitioner by Asia Pacific Legal500. He is also a Green Star Accredited Professional. This accreditation allows him to provide specialist property advice to clients on green lease provisions, agreement for leases, fitout arrangements and other development agreements where there is a green building and environmental issue. While working in the Firm’s London and Manila offices, Sebastian gained valuable offshore experience in the area of real estate and trust law.


Anthony Herro

Principal, Herro Solicitors

Anthony is one of Sydney’s leading retail lease lawyers. He is Principal Solicitor at Herro Solicitors. He acts for clients in drafting, advising and negotiating leases and in resolving lease disputes. He possesses an in depth knowledge of Retail Leases Legislation (including the Retail Leases Act) and in property law in relation to leases. He has extensive experience in all aspects of retail and commercial leasing- including complex lease negotiations and resolution of lease disputes. His articles have been published in the New South Wales Law Society Journal and on international Law Society websites.

Anthony is appointed by parties under expert dispute resolution clauses in leases to act as an expert to determine retail lease disputes. Anthony’s advice is sought by Government Ministers and Government bodies to advise on proposed amendments to retail lease legislation. Anthony actively contributes and appears at Government enquiries on retail leasing.



Filming and photography

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