Tourism and Hospitality
Jackson McDonald’s Tourism and Hospitality team represents owners, sellers, purchasers, tenants, operators, contractors and consultants operating in the hospitality industry within Western Australia. We have worked with hotel chains, boutique hotels, restaurants, liquor stores, taverns, small bar and other establishments, delivering integrated legal advice and representation in all aspects of our clients’ transactions and projects.
Our team is comprised of members from various practice groups with expertise in all aspects of buying, selling, developing, operating, leasing and constructing a hospitality or tourism establishment. This may include the provision of liquor licensing, planning, corporate, tax and employment advice. We work in collaboration with the relevant authorities to ensure our clients achieve their commercial goals.
Drawing on their specialised areas of law, our Tourism and Hospitality team provides a full service and complete team of advisors to our clients within this specialised industry.
- Advising on and assisting with the acquisition and disposal of properties and/or businesses
- Providing advice relating to statutory, local and state government approval processes
- Legal representation in the State Administrative Tribunal and all other Courts with jurisdiction in Western Australia
- Lease preparation, review and risk assessments
- Liquor licensing applications including new applications, suspensions, transfers, removals and variations
- Finance advice in relation to structuring and documentation
- Taxation and corporate advice in relation to the best complying structure and advice on the impact of state and federal taxes to the project or venture.
- Advising on and negotiating construction contracts and any disputes.
- Provided representation for an international corporation with a focus on hotels in the South Pacific with the acquisition of various hotel assets in Perth together with liquor licensing advice relating to the proposed management structure.
- Planning advice and representation to a global hotel organisation with the acquisition and management of a number of hotel assets in Perth, including addressing FIRB issues arising from the foreign domicile of the directors and shareholders.
- Acted on behalf of the buyers of the freehold, leasehold interest and businesses known as the Esplanade Hotel. The transaction also involved liquor licensing issues for both the property fund purchasers and the operating managers.
- Acting for a hospitality company in relation to numerous hotel transactions, transfers of liquor licences, plus a range of liquor licensing and property disputes.
- Representing the vendors on the sale of hotel service company.
- Preparing and negotiating various leasing and licensing documentation for a hotel.
- Working with local governments on their major land transactions including, retail, residential, office and hotel components.
- Acting for the buyer of a hotel premises on the riverfront in East Fremantle, which included various Crown land rights.
- Drafting and negotiating a construction contract for the development of a large hotel for a leading global hotel chain using modular construction methods.
- Providing property, planning, corporate and liquor licensing advice and representation to various sellers and buyers of hotel assets in Perth, including advising on the liquor licensing issues arising from the relevant management structures.
- Preparing documentation and providing advice for small bar and tavern owners and operators including shareholder agreements, venue operating agreements, leasing, liquor licensing and planning compliance.
- Advising in relation to the liquor licensing issues for both the property fund purchasers and the operating managers with the purchase of the a hotel.
- Acting for a company in relation to a series of disputes with adjacent property owners involving liquor licensing, amenity and noise issues and successfully defending various claims on behalf of the owners of the licensed premises in the WA Court of Appeal.
- Providing general liquor licensing advice associated with liquor licencing applications, variations, transfers and appeals for owners and operators of licensed premises across Western Australia.
- Working with the owner of a liquor company for over a decade, to grow the business into a national chain and assisting in the sale of the business to a large supermarket chain which included representation in numerous liquor licensing applications and overcoming objections lodged by competitors and other stakeholders.
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5 April 2018
Office romances, sex crimes and political opinions: Should an employee’s private life be a matter for their employer?
Can an employer discipline or even terminate an employee because of their personal life? The recent Barnaby Joyce saga raises the old issue of whether it is appropriate or fair to dictate an employee’s conduct outside of the workplace and what balance can be struck between protecting an employer’s business versus unnecessary intrusion into an employee’s private life.
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23 February 2018
The State Government recently introduced the Liquor Control Amendment Bill 2018. The proposed changes intend to transform and boost the hospitality and tourism industry in Western Australia and place a brake on the granting and removal of liquor store licences.
Author: Richard Sandover
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24 November 2017
Worksafe WA has released an announcement about its proactive inspection program of the State’s accommodation sector, which was undertaken throughout the 2016/2017 financial year in Perth and regional areas.
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9 October 2017
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5 July 2017
Western Australia’s traditionally resource driven economy is being diversified, with tourism now at the forefront of driving development and investment in the State. This renewed focus for WA’s future has been recently energised by the $425 million commitment to the industry over the next five years by the Labor State Government.
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20 April 2017
On Tuesday Prime Minister Malcolm Turnbull announced substantial changes to the way skilled overseas workers will be able to live and work in Australia. While the announcement has been met with both criticism and praise, a closer look reveals there is still room for skilled overseas workers in Australia but there will be fewer occupations and greater restrictions for potential visa holders.
Author: Shannon Walker
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28 March 2017
Following on from our first instalment in this series of e-alerts on “The Rise of Leisure Precincts”, we are now addressing some of the key construction issues relating to shopping centres within Western Australia that are being refurbished or expanded.
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2 February 2017
The rise and rise of the online retail environment has significantly impacted the physical retail space to which we have become used to. Retailers and shopping centre owners are having to refocus given the cyber disruption.
Author: Richard Sandover
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5 September 2016
The Fair Work Commission has announced that the annual leave provisions of most Modern Awards will be amended. The changes affect many of the major Hospitality & Tourism Awards, including the Hospitality Industry (General) Award and Restaurant Industry Award.
Author: Shannon Walker
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