Kristen Giansalvo
Special Counsel, Melbourne
I am an experienced commercial disputes lawyer, with extensive experience in leasing and property matters and disputes, which includes retail, commercial and industrial lease disputes. I also have experience in general commercial litigation and disputes.

I regularly act for, and advise, clients (in particular institutional landlords of commercial, industrial and retail properties) in respect of a broad range of leasing and property matters and disputes. This includes matters and disputes relating to Tenant defaults and arrears, Victorian retail lease disputes, claims for compensation, and misrepresentation and misleading and deceptive conduct claims.

I provide practical and commercial advice, and dispute resolution strategies and solutions to clients, in particular in respect of managing persistent tenant defaults and arrears, and landlord/tenant disputes.

My clients include Acure Funds Management, Charter Hall, Dexus, Goodman Group, GPT, Haben Group, Knowles Group, Lendlease, Mirvac, Stockland and Vicinity Centres.

Career highlights

  • Regularly act for clients (including Landlords and Tenants) in court proceedings, including in the Supreme Court of Victoria and the Victorian Civil and Administrative Tribunal, and mediations at the Victorian Small Business Commission in respect of Victorian retail lease disputes.
  • Landlord client: acting in relation to a claim commenced by the Landlord in VCAT against a national tenant alleging breach of agreements for lease, and seeking unpaid Rent and loss and damages.
  • Vicinity Centres: acted for Vicinity Centres in a Supreme Court of Victoria proceeding against Myer relating to the Lease of the Myer Premises at Bourke Street Melbourne.
  • Dexus: acted for Dexus in relation to a claim commenced in VCAT by a Tenant alleging breach of covenant of quiet enjoyment and derogation from grant, and seeking loss and damages in excess of $12 million.
  • Tenant client: acting for Tenant client in relation to a claim commenced in VCAT against a Landlord alleging breach of derogation from grant and unconscionable conduct by the Landlord, and seeking a declaration terminating the Lease.
  • Landlord client: acted for Landlord client in relation to a claim in VCAT commenced by a Tenant alleging that the Landlord engaged in unconscionable conduct in contravention of section 77 of the Retail Leases Act 2003 (Vic).
  • Landlord client: acting for Landlord client in relation to a claim in VCAT commenced by a Tenant seeking, among other things, compensation as a result of a shopping centre redevelopment.
  • Extensive experience and expertise in relation to the Victorian COVID-19 Commercial Tenancy Relief Scheme Regulations. I have provided a broad range of assistance and advice to clients in relation to the Regulations, which includes the implementation of, and compliance with, the Regulations.
  • Assisted the Property Council of Australia to review a draft of the Victorian COVID-19 Commercial Tenancy Relief Scheme Regulations, and to provide comments about, and recommended amendments to, the Regulations.
  • Royal Commissions and Inquiries: Acted for clients in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into Aged Care Quality and Safety, and the Royal Commission into Trade Union Governance and Corruption. Between May 2014 and December 2014, I was a member of the Solicitors Assisting team at the Royal Commission into Trade Union Governance and Corruption.

Publications

  • Regularly present to the Property Council of Australia on lease and related issues, in particular, on redevelopments, relocations and demolitions, and Victorian retail lease disputes.
  • Co-authored articles in the Australian Property Law Bulletin:
    • Commercial Tenancy Relief Scheme For Victorian Businesses (September 2021);
    • Commercial Tenancy Relief Scheme For Victorian Businesses (October 2021).