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Tourism, Hospitality & Licensing

Our team keeps abreast of the key issues affecting the industry so that we stay fully committed to our service offering of being able to offer personalised and practical advice in order for our client to succeed

It is crucial that you understand your obligations as a business within the Tourism, travel and hospitality industry, in order to protect yourself in the event of any future legal problems.

The Tourism, Travel and Hospitality industry is large and diverse and is comprised of a number of sectors. All sectors cater to both domestic and international markets and are significant in driving economic growth in Australia, and together the contribution of these sectors to Australia’s GDP is equivalent to over $100 billion.

These sectors represent a range of business types and services, which in many cases are interconnected. For example, Tourism incorporates a complex combination of overlapping sectors. Economic activity is therefore extensive across all these interrelated sectors and additionally impacts many secondary industries.

Finlaysons work with a variety of different operators within the industry to provide full-service legal advice.

How can we help you?

The Tourism, Hospitality & Licensing team’s expertise encompass all commercial issues relevant to the industry, including licensing, taxation, employment, work health and safety, dispute resolution, property, debt recovery and general commercial matters.

The team understands the ongoing challenges and changes specific to the hospitality industry. Specialising in the legislation and regulations surrounding the hospitality industry, we understand the ongoing challenges and changes. This knowledge and experience has established Finlaysons Lawyers as a go to firm for any business requiring support within this industry, especially if you operate in the Wine industry.

This experience and industry expertise enable us to resolve issues early, promptly and cost effectively, in a range of fundamental areas.

We provide cross-border legal advice, covering all areas and issues including tax and structuring, real estate and planning, financing, corporate and regulatory, competition, and employment. The international scope of our work in this industry enables us to offer support on every aspect of a transaction or matter.

Recent Experience 

  • Advising an ASX listed company in relation to the acquisition of a number of substantial assets throughout Australia.
  • Advising an ASX listed company in relation to a range of high value, long-term procurement contracts of critical importance to the group’s operations.
  • Acting for numerous administrators and receivers & managers in relation to the administration and receivership of ASX-listed and non-ASX listed companies. This has included the sale of various substantial businesses and assets throughout Australia and New Zealand across hospitality, wine and wholesale food distribution.
  • Acting for an Australian Financial Services Licence (AFSL) holder in relation to the establishment and operation of a specialist unlisted wholesale fund investing in hotel properties across Australia.
  • Secondments and in-house roles in the large and industrially complex workforces of Qantas Airways and Rail Corporation NSW.
  • Advising a major sporting not-for-profit incorporated association on compliance issues arising from the restructuring of arrangements with respect to its operation and those of its major asset, including advising on disclosure requirements to members and management of Board roles and voting processes with respect to that transaction and generally.
  • We acted for a National employer in relation to a claim for sexual discrimination and harassment by one of its former employees. Proceedings were issued in the Federal Court arising from alleged breaches of the Commonwealth Sex Discrimination Act (SDA). In addition to issues concerning vicarious liability on the part of the employer pursuant to Section 106 of the SDA, a difficult issue is any assessment of damages should liability be found on the part of one or more of the three respondents including our client.
  • We acted for a major sporting organisation in advising upon data breaches committed by its IT services provider, including whether each data breach constituted an “eligible data breach” within the meaning of the Privacy Act 1988 (Cth). Our work included preparing disclosures of eligible data breaches to the Office of the Australian Information Commissioner and affected individuals.
  • Advising a resort and town operator on its power infrastructure requirements, its infrastructure services in relation to water and sewerage, and procurement requirements including drafting contracts relating to these requirements. The project involved advising on generation mix / solutions for the current electricity generation facilities and their redevelopment and expansion and on power purchase contracts and tendering processes.
  • Acting for major wine companies in litigation relating to lease terms and misleading and deceptive conduct claims, and in relation to employee theft and counterfeiting activity, including in relation to asset recovery, brand and reputation protection, and tracing of funds.

Related Sectors & Services

 

Key Services

  • Acquisitions and disposals of restaurants, cafés, pubs, clubs and hotels
  • Club Licences and Limited Club Licences
  • Codes of Practice and Late Night Codes of Practice
  • Competition and consumer law issues
  • Corporate and tax-advantaged structures
  • Disciplinary actions in relation to licence breaches
  • Dispute resolution
  • Distribution, agency and marketing arrangements
  • E-commerce activities
  • Employee and contractor
  • Exporting and international transactions
  • Financing and capital raising
  • General commercial issues, including corporate governance
  • Industrial relations and employment advice
  • Intellectual property and confidential information
  • Joint ventures
  • Liquor licencing assistance and advice including compliance issues, negotiations with police, council and other relevant authorities
  • Personal Property Securities (PPS) advice and registrations
  • Restaurant, café, pub, club and hotel leases and management agreements
  • Sale and commercial documents
  • Specialised brand labeling, trade mark negotiations and advice
  • Taxation advice
  • Workers compensation advice including companies that are exempt employers