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James Ryan – Keeping it Commercial: Commercial leasing issues that can cost you

November 27, 2023
Articles, CPD, Professional Development

For this Clarence Professional Development Session, we were joined by James Ryan, the founding partner of Speirs Ryan, for a discussion on commercial leasing issues.
There is nothing worse than when a lawyer responds to a negotiation issue telling you a clause is ‘standard’ – as if that somehow addresses the concern raised. This discussion delves into the material implications for tenants from often ‘standard’ lease clauses. The session is beneficial for any transactional lawyers and in-house counsels seeking to grow their knowledge in this area.
Some of the issues covered include:

  • Real Implications from the mishandling of Incentive provisions.
  • The challenges of assigning with common landlord requirements.
  • The fall-out from a Landlord’s right of termination for compulsory acquisition.
  • Landlord restrictions on granting security interests and the consequences for a business.
  • Planning risks and scars from the past.
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Competition Terms and Conditions

  1. The Promoter is Clarence Professional Group (Melbourne) Pty Ltd, L11, 456 Lonsdale Street, Melbourne VIC 3000 ABN 81 624 440 400 (the Promoter).
  2. Entry into the competition constitutes acceptance of these terms and conditions.
  3. Entry is open to all VIC, NSW and QLD residents of 18 years of age or older except any employees of the Promoter and their immediate families, orany existing office and virtual members (or their related entities) of the Promoter.
  4. The competition closes at 11:59PM on the 1st March 2024. The winner will be announced on the 8th March 2024.
  5. To enter the competition, participants need to submit their entry at clarenceprofessionalgroup.com.au/comp via the website form, or other accepted methods of entry provided by Clarence. One entry is allowed per entrant. Verified business email address required. Complete details are required (first and last name, phone number, work email, city, company name).
  6. Competition entries will be evaluated during the 2nd and 8th of March at Clarence Professional Offices at Level 33, 385 Bourke Street, Melbourne.
  7. The winner will be notified by email and phone call by a representative of the Promoter. The competition winner will also be announced on Clarence Professional Offices’ social media channels. By entering this competition, the winner provides their consent to being announced on Clarence Professional Offices’ social media channels.
  8. Winner selection criteria is determined via random draw. All decisions are final.
  9. Prize details: the prize is a 6-month license fee agreement for a 2-person serviced office space one of the following Clarence Professional Office spaces -Level 33, 385 Bourke St, Melbourne, Level 11, 65 York St, Sydney or 95 North Quay, Brisbane. The value of the prize is $9,500 (incl. GST) (the Prize). A security deposit is applicable to redemption of the prize, refundable at the end of the license agreement, pending standard terms and conditions of Clarence Office License Agreements. The security deposit is calculated at 2 months of the list price for the serviced office offered as the competition prize. Location of prize is subject to change at any time in the Promoter’s sole discretion.
  10. Standard Clarence Office License Agreement terms and conditions apply.
  11. The prize is non-transferrable, it cannot be exchanged or redeemed for cash and can be cancelled any time by the Promoter.
  12. If the prize winner requires a larger serviced office space, the prize value can be credited towards an agreement for a larger space for an equal or longer lease period. Larger spaces are subject to availability and are at the sole discretion of the Promoter.
  13. Use of the prize is solely for the winner of the promotion.
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