Group Training

CREW CPD is a leading provider of commercial real estate training and is an approved CPD Training Provider under the Real Estate and Business Agents (General) Regulations 1979 (WA).

In addition to its regular events, CREW CPD also provides flexible group training solutions.

We can host your team at our office or our senior lawyers can come to you to.

We are flexible in terms of format and can deliver up to three workshops at a time.

We present on topics relevant to the sale, leasing or management of commercial real estate.

Your team will be able to ask questions and will benefit from a lawyer’s perspective on each topic.

We have presented the following workshops:

C8 Lawyering Up: Working with lawyers on commercial real estate transactions and disputes

Speakers: Michael Stork and Shannon Davies

This workshop will cover matters including:

  • Understanding the legal profession
  • Who is the “client” and explaining a lawyer’s duties regarding conflicts and the different types of conflict that can arise
  • How to instruct lawyers
  • How lawyers charge
  • What is legal professional privilege, why it is important and how to preserve it
  • The use of without prejudice communications in settlement negotiations
  • Exploring the different courts and tribunals in which commercial real estate disputes are dealt with
  • Explaining the procedural stages including giving discovery (and the implications for real estate agents) as well as when a real estate agent may be called to give evidence

L4 Commercial Leasing 101

Speaker: Travis Colli

This workshop is designed for participants that are new to commercial leasing and will cover matters including:

  • Obtaining a valid appointment to act
  • The different types of parties (individuals, corporations, trustees) and why it matters
  • The different types of tenancies (retail, commercial, office, industrial) and why it matters
  • The term of the lease and options to extend
  • When and how you can review the rent payable
  • How outgoings are recovered from a tenant
  • Taking security for the performance of the tenant’s obligations pursuant to the lease
  • When should a tenant be allowed to assign or sub-let
  • Make good and other end of lease obligations

C1 Appointments to act  

Speaker: Shannon Davies

Securing a valid appointment to act is a first priority for any commercial real estate agent intending to act in a transaction, both from a regulatory compliance and business perspective.

Designed for all commercial real estate agents (whether in sales, leasing or management), this one-hour workshop will:

  • review the legal requirements of a valid appointment to act under the Real Estate and Business Agents Act 1978 (WA) and the Real Estate and Business Agents (General) Regulations 1979 (WA);
  • examine the different forms of appointments to act, including the standard forms produced by REIWA;
  • discuss potential issues in the context of clients with SMSF and bare / custodian trust arrangements;
  • review case law relating to appointments to act; and
  • examine the consequences for real estate agencies and agents of failing to hold a valid appointment to act (including with respect to fee recovery and under the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 (WA)).

C2 Recovering commercial property debts through the courts

Speaker: Michael Stork

This workshop focuses on circumstances where a landlord is left with no option but to seek recovery of commercial lease debts from a tenant or guarantor through the court system, including the considerations and practical steps involved at different stages in the course of recovery proceedings. This face-to-face workshop will:

  • identify commercial lease terms to look for when considering whether to commence recovery proceedings;
  • provide an overview of the different Western Australian courts and their jurisdictions;
  • explore the steps in the different court proceedings, with a particular focus on summary judgment;
  • explain the obligation to give discovery and how it applies to agents and their books and records;
  • discuss evidentiary issues, including when an agent may be required to attend court to give evidence; and
  • explore recent case law.

This workshop will be particularly relevant to commercial property managers (whether in the retail, industrial or office sectors).

C3 Real estate transaction timeframes 

Speaker: Shannon Davies

Any failure by a commercial real estate agent (whether involved in sales, leasing or management) to adequately manage applicable transaction timeframes can result in serious adverse outcomes for the agent. The risks associated with such a failure include the collapse of the transaction, disputes and litigation between the transacting parties, claims against the agent, and complaints against the agent and its representatives.

This face-to-face workshop will increase participants’ knowledge of a selection of the most important real estate transaction timeframes imposed by legislation, including under:

  • the Property Law Act 1969 (WA);
  • the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA);
  • the Strata Titles Act 1985 (WA);
  • the Planning and Development Act 2005 (WA);
  • the Sale of Land Act 1970 (WA); and
  • the Contaminated Sites Act 2003 (WA).

The workshop will also cover the potential consequences that may flow (for both the agent and its principal) from any failure to meet relevant timeframes, and will be a useful addition to any commercial real estate team’s existing risk management program.

C5 Impact of privacy laws on Real Estate Businesses

Speaker: Ben McPherson

Focusing on matters arising under the Privacy Act 1988 (Cth) (the Act), and the Australian Privacy Principles, that may impact on real estate businesses, the workshop will:

  • provide attendees with an increased understanding of the Act, and how they may be impacted by it;
  • look at the key definition of personal information;
  • consider the application of the Act;
  • look at the Australian Privacy Principles with a particular focus on principles concerning collection of personal information and disclosure of personal information in the operation of a real estate business;
  • consider the law concerning notifiable data breaches; and
  • provide practical tips for attendees for compliance with privacy laws.

C6 Working with Commercial Strata Titles

Speaker: Shannon Davies

The workshop is intended to provide an overview of strata titles concepts and issues from a commercial property perspective, including with respect to the management and sale of commercial strata lots.

Specific areas covered by the workshop will include:

  • key concepts under the Strata Titles Act 1985 (WA), including:
    • strata vs survey-strata;
    • lots vs common property;
    • strata managers, strata councils, and strata companies;
    • scheme plans, unit entitlements, scheme notices, and scheme by-laws; and
    • administrative fund and reserve fund levies;
  • the general division of responsibility between lot owners and strata companies;
  • the interpretation and impact of scheme by-laws, including exclusive use by-laws;
  • the circumstances in which strata company approval may be required to undertake work;
  • issues associated with the management of retail tenancies, including when a strata scheme may be a “retail shopping centre” for the purposes of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), and limitations on the recovery of strata management fees from retail shop lease tenants via administrative fund levies;
  • how the Act regulates the sale and purchase of existing or proposed strata and survey-strata lots; and
  • the resolution of strata scheme disputes.

C7 Mastering the Retail Tenancies Legislation

Speaker: Shannon Davies

The workshop will run through key concepts under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) and common pitfalls for retail leasing agents and retail property managers. It will also highlight important recent decisions by courts and tribunals.

The workshop will be structured as follows.

  • Leasing: those aspects of the Act most relevant at the time a retail shop lease is negotiated and executed.
  • Management: those aspects of the Act most relevant while a retail shop lease is on foot.
  • Unconscionable conduct and misleading or deceptive conduct: conduct regulated by part IIA of the Act, which is relevant at all stages of leasing and management.

L1 Using agreements for lease 

Speaker: Shannon Davies

An agreement for lease (AFL) is commonly used in commercial lease transactions where there is a need for the parties to agree to enter into a lease at some time in the future, including for example where the premises to be leased are yet to be constructed.

This workshop is focused on issues relating to the necessity, preparation, negotiation and implementation of AFLs in commercial lease transactions, including:

  • when it is appropriate to use an AFL;
  • requirements for enforceability;
  • drafting considerations, including in relation to milestones, defects liability and assignment;
  • the potential need for WAPC approval under the Planning and Development Act 2005 (WA);
  • the potential impact of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA);
  • the interface between an AFL and a lease; and
  • potential consents and disclosures that may be required in relation to AFLs generally.

The workshop content will be relevant for anyone involved in commercial leasing in Western Australia.

L2 Early termination provisions in retail shop leases

Speaker: Shannon Davies

Designed for real estate agents and other professionals involved in the leasing and management of retail premises, this workshop covers issues associated with the use of early termination provisions (including redevelopment / relocation clauses) in retail shop leases.

In relation to redevelopment / relocation clauses specifically, the workshop will examine:

  • potential claims and consequences associated with the redevelopment of retail premises;
  • available pathways to lease termination;
  • the legislative framework under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA);
  • the State Administrative Tribunal’s evolving position on redevelopment / relocation clauses and the interplay between sections 13 and 14A of the Act;
  • case law leading to the Tribunal’s current position;
  • the use of short-term tenancies in a redevelopment context, having regard to the Act’s framework; and
  • the management of redevelopment-related risks.

In relation to early termination provisions more generally, the workshop will examine:

  • the circumstances in which the Tribunal’s approval can now be sought under section 13(7) of the Act;
  • current requirements associated with an application for the Tribunal’s approval; and
  • the relevance of any period of previous continuous occupation of the premises by the tenant.

L3 Pitfalls in Commercial Leasing

Speaker: Shannon Davies

The workshop will examine real-life case studies of commercial leasing transactions gone wrong, drawn from both the presenter’s personal experience and reported court and tribunal decisions, as well as the legislation and common law principles underpinning those decisions.

Specific areas covered by the workshop will include:

  • the types of consents which may need to be obtained in relation to a commercial lease, and the consequences of failing to obtain consents (including, for example, WAPC consents required under the Planning and Development Act 2005 (WA), and a mortgagee’s consent for the purposes of s. 110 of the Transfer of Land Act 1893 (WA));
  • the types of disclosures which might need to be given in relation to a commercial lease, and the consequences of failing to give any required disclosure  (including, for example, disclosures required under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) and the Contaminated Sites Act 2003 (WA)); and
  • common mistakes in the preparation and execution of offers to lease, heads of agreement and memoranda of understanding, including the failure to correctly provide for the minimum requirements of an enforceable lease agreement, and the danger of prematurely entering into binding agreements in the retail leasing context.

M3 Navigating tenant insolvency 

Speaker: Michael Stork

The workshop will examine:

  • the concept of corporate insolvency and provide an introduction to the different roles of a voluntary administrator, a receiver and a liquidator (referred to as “external administrators”);
  • considerations for a landlord that has a tenant, or a prospective tenant, that may be insolvent;
  • how the appointment of an external administrator impacts a landlord’s right of termination and re-entry;
  • who is liable to pay rent and outgoings upon the appointment of an external administrator;
  • whether insolvency impacts the enforcement of bank guarantees and security deposits;
  • unsecured creditors, lodging a proof of debt and the priority regime prescribed by section 556 of the Corporations Act 2001 (Cth); and
  • the impact of a tenant’s insolvency on the enforcement of guarantees.

M4 Retail shop leasing disputes

Speaker: Michael Stork

The Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) confers powers on the State Administrative Tribunal (SAT) to make orders in relation to retail shop lease disputes.

This workshop is focused on issues relating to retail shop lease disputes and how to resolve them, including:

  • when a lease is a retail shop lease;
  • examples of retail shop lease disputes that commonly arise;
  • explaining the role of the Small Business Development Corporation (SBDC) in resolving retail shop lease disputes, and its processes;
  • identifying when a certificate from the Commissioner of the SBDC is required before a party can commence proceedings in the SAT; and
  • exploring the role of the SAT and its processes in determining retail shop lease disputes.

The workshop content will be relevant for anyone involved in the management of leased retail assets in Western Australia.

M5 Retail shop lease outgoings recovery

Speaker: Shannon Davies

Designed specifically for retail property management professionals, this workshop involves a comprehensive analysis of the legislative provisions and case law impacting on the recovery of outgoings under leases to which the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) applies, including:

  • the minimum criteria for enforceable outgoings provisions in a retail shop lease;
  • outgoings recoveries prohibited by the Act;
  • special considerations and requirements for sinking fund and marketing fund contributions; and
  • outgoings apportionment for multi-tenanted properties, including the concept of “relevant proportion”, the identification of different “referable” cost centres, the calculation of out-of-hours charges, and the determination of “lettable area” as defined by the Act (and how it may differ from Property Council of Australia Methods of Measurement);
  • the obligations under the Act to give annual forward-looking outgoings estimates and backwards-looking outgoings statements, and the potential consequences of failing to comply with those obligations having regard to the Trimat Holdings decisions in the District Court and Supreme Court.

M6 Termination of Commercial Leases and Relief Against Forfeiture

Speaker: Michael Stork

This workshop focuses on termination of commercial leases and relief against forfeiture and covers:

  • Standard termination clauses in commercial leases.
  • Termination for non-payment of rent and other breaches.
  • What is relief against forfeiture?
  • When can a tenant apply for relief against forfeiture of a lease that has been terminated?
  • How does the tenant apply for relief against forfeiture?
  • Recent cases.

S1 Strata Sale Contracts

Speaker: Ben McPherson

This workshop is focused on issues arising under the Strata Titles Act 1985 (WA) that may impact on strata sale contracts. The workshop will consider:

  • precontractual information and disclosure requirements
  • notifiable variations including avoidance rights
  • the appropriate treatment of deposits
  • section 163 of the Strata Titles Act 1985 (WA) and the statutory right to cancel a contract
  • unfair and potentially problematic contract terms

T1 GST and Commercial Real Estate Sales

Speaker: Shannon Davies

This workshop focuses on GST and Commercial Real Estate Sales and covers:

  • Basic principles of GST.
  • Is the purchase price inclusive or exclusive of GST?
  • Selling property GST-free as a going concern.
  • GST and using the REIWA contract for sale of land or strata title by offer and acceptance and the 2022 General Conditions.
  • Risks and potential liability for commercial real estate agents in relation to GST treatment of sales.

We have previously presented on other topics including:

  • Understanding commercial property sale warranties
  • Enforcing commercial lease terms
  • Working with the contaminated sites regime

All CREW CPD workshops are led by senior property lawyers with genuine industry experience, with content designed specifically for those who work outside of the residential real estate sector.

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