About the Event
This On Demand was recorded on 21 February 2019.
The Half-Day Conference provides practically focused sessions on a range of pertinent and interesting property law topics presented by experts in their fields.
It is be of value to all those practising in the area of property law.
Protecting Commercial Lessors from Non-payment of Rent
James McMillan, Partner, Kensington Swan
Mark Broad, Senior Associate, Kensington Swan
Jonathan Simons, Senior Associate, Buddle Findlay
This session, presented by a property lawyer and two lawyers practising in the area of insolvency law, will look at ways in which commercial landlords can protect themselves from their tenants defaulting on rent payments. The session will explore the different types of security options available to landlords – such as bank guarantees, bonds and personal guarantees. It will also look at how to protect landlords’ interests when things go wrong, including cancellation of leases for non-payment of rent, re-entry into premises and mitigation of loss, legal proceedings, security enforcement, and insolvency issues.
Changes in the Residential Tenancies Act, Recent Case Law and other Matters
Des Wood, Barrister
Considering recent and proposed legislative amendments as well as case law, insights will be given into how landlords and tenants may be affected by these changes and how best to deal with them.
The Ins and Outs of Outgoings and Maintenance
Janine Stewart, Partner, MinterEllisonRuddWatts
Amanda Spratt, Senior Associate, MinterEllisonRuddWatts
Outgoings and maintenance provisions are fundamental to any commercial lease agreement. This session will consider how they are best dealt with in commercial leases and how to manage disputes if they do arise.
The Impact of Big Projects: Helping your Clients
Sue Simons, Partner, Berry Simons
Major infrastructure changes are not always easy to follow, and clients often need assistance on how they may be affected and where to find relevant information. This session will provide guidance, from a resource management perspective, as to how to help clients deal with large development projects and protect their own interests.
Trusts for Today
Tammy McLeod, Partner, Davenports Harbour Lawyers
Most property lawyers will have dealings with trusts whether acting as trustees, providing clients with advice or drafting trust deeds. Keeping up to date with the developments in trust law is therefore essential. This session will provide what lawyers need to do to ensure existing and future trusts are fit for purpose.
Warranties in the Agreement for the Sale and Purchase of Real Estate
Georgina Grant, Partner, Rainey Law
This session will look at the standard warranties in the ADLS Agreement for the Sale and Purchase of Real Estate as well as pre-contractual representations. It will explore, among other things, what the warranties cover and, looking at recent case law, what happens in cases where breaches have allegedly occurred.
Giving Clients Financial Advice: Avoiding Pitfalls by Identifying Problematic Issues
Andrea Challis, Partner, McElroys
Giving advice to clients is a potential minefield for property lawyers. When financial considerations (including lending and the provision of guarantees) are involved, it becomes even more important for lawyers to be at the top of their game. This session will highlight situations where lawyers have not exercised the care required in the advice which should be given, and how to ensure they protect themselves and fulfil their obligations under the Conduct and Client Care Rules.
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