Session 2: Insolvency, Tax and PPSA in Leasing
Date: Thursday 23 November 2017
Time: 2.00pm to 5.15pm
Venue: InterContinental Melbourne The Rialto, 495 Collins Street
Attend and earn 3 CPD units in Substantive Law
What do you need to truly set yourself apart from other lawyers when you're competing for business? An in-depth understand of the major changes shaking up the sector? The moxy needed to stare legal risk in the face and say, "not today, friend"? The knowledge of how to deal with any complex matter, including insolvency, confounding tax issues, assignments, disclosures and more? The best drafting and negotiation strategies your client's money can buy? You're in luck then, because this packed program has you covered.
Chair: Maxwell Cameron, Partner, MinterEllison
Insolvency and Security
A review of different issues and defences available to landlords when their tenant becomes insolvent and the effects of different types of security to better protect a landlord.
- Defences to claims by liquidators for preference payments or voidable transactions
- Bank guarantee vs cash as security options
- Personal guarantees
Presented by Jamie Bedelis, Principal, Bedelis Lawyers; Accredited Specialist Commercial Tenancy Law
Tax Depreciation and Capital Allowance Implications to Both Landlords and Tenants in Relation to the Building and Fit Out
- Depreciation for landlords and tenants: the important implications
- Landlord contribution to tenant fit-outs
- Abandoned fit-out at the end of a lease
Presented by Bradley Beer, CEO, BMT Tax Depreciation
PPSR and Commercial Leasing
- Key concepts and strategies involving the PPSA
- Personal property vs land law
- Special issues: security deposits, fit-outs, disposing of property
Presented by Ben Sewell, Principal, Sewell & Kettle Lawyers
With over 35 years in practice, Max Cameron has won a national reputation as a pre-eminent property lawyer for many of Australia's leading landlords and tenants. His formidable commercial property and property management knowledge and experience includes noted expertise in tenancy law, commercial contracts, mediation and litigation, and property development, particularly high-profile retail development. Known for his deft handling and co-ordination of interstate teams, Max has a strong track- record acting for large corporate and public sector clients on a wide range of property matters including the leasing, acquisition, development, management and disposal of prime office, retail and industrial portfolios. Max is closely involved in the current review of the Retail Leases Act Regulations and also the rewriting of the Estate Agents' Legislation.
Jamie Bedelis is the principal of Bedelis Lawyers, a property law and commercial law firm. He is accredited by the Law Institute of Victoria as a specialist in Commercial Tenancy Law, and practices in the areas of property and commercial law. He is a co-author of the Thomson Reuters loose leaf service Commercial and Retail Leasing in Australia. He is a member of the Leases Committee and the Property and Environmental Law Executive Committee of the Law Institute of Victoria.
Bradley Beer is the Chief Executive Officer of BMT Tax Depreciation, a company which specialises in providing depreciation schedules for a variety of building types. Depreciation is a non-cash deduction available to the owners of income producing buildings. Owners can claim the wear and tear which occurs to the structure of the building and the plant and equipment assets contained over time. Owners of all commercial properties should have a tax depreciation schedule completed. By unlocking the cash flow potential in a building, owners can save thousands of dollars every year in their tax return. Bradley joined BMT Tax Depreciation in 1998 and became the Chief Executive Officer in 2015. As a result he has substantial knowledge about property investment and specialist experience in tax depreciation and construction cost consulting. Bradley is actively involved in educating property owners and property related organisations about the importance of tax depreciation. He is a regular keynote speaker and presenter covering property depreciation services on television, radio, at conferences and exhibitions Australia-wide. Some of these include property expos, Defence Force Housing Australia, Taxation Institute of Australia, National Tax & Accountants Association, Real Estate Institute of Australia, regular training events for national corporate real estate groups and regular appearances on Foxtel Program 'Your Money Your Call' shown on Sky News Business. Bradley holds a Bachelor of Construction Management, is a member of the Australian Institute of Quantity Surveyors, the Royal Institute of Chartered Surveyors and the Auctioneers and Valuers Association of Australia.
Ben Sewell is an expert in commercial litigation and insolvency law and has developed this expertise from 15 years of experience as a specialist solicitor. Ben is also a leading expert in personal property securities law (i.e. the Personal Property Securities Act 2009). He has advised hirers, lenders, creditors and insolvency practitioners about this evolving area. In 2014 Ben represented clients in the first Australian case that interpreted section 20 of the Personal Property Securities Act. The landmark case is authority for the principle that a written security agreement being "adopted or accepted" (but not necessarily signed) is a pre-condition for a "perfected" (and therefore enforceable) security interest. The enforcement of security interests is a critical concern for creditors and the PPSR system has introduced a new set of rules regarding the enforcement and prioritisation of security interests. Ben also drafts security documentation and advises lenders about how to take security over personal property including debt factoring and discounting. Before practicing as a lawyer Ben was an Associate to a Judge in the NSW District Court. And since becoming a lawyer Ben has represented a range of clients as an advocate in the NSW, Federal, Victorian and Queensland Courts.
Intercontinental Melbourne, The Rialto
Lower Ground Meeting Rooms, 495 Collins Street
Parking: The hotel offers valet parking from $50.00 per vehicle.
Alternatively there are a number of public car parks within 5 minutes
walking distance from the hotel on either Collins Street or Flinders Lane.
The closest train station is Southern Cross Station and the Taxi fee from
the train station is about $10.00. No parking or travel costs are included
in the conference fee.
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