Tourism & Hospitality

Few sectors have experienced as much turmoil in recent years as the tourism and hospitality industry. With volatile world events causing a global downturn in the airline industry, combined with local impacts such as rising public liability insurance premiums, tourism operators have endured a difficult time. The industry continues to deal with changes brought about by increased government regulation.

Despite the challenges, tourism remains a significant part of the economy and Australia is acknowledged as one of the best tourism destinations in the world for both international visitors and domestic tourists.

A diverse sector

The tourism and hospitality industry is much more than travel services and holiday destinations. The industry covers the staging of sporting and cultural events, constructing new venues, gaming operations, and innercity regeneration and transport infrastructure. Businesses include airports and airlines, hotels - from international resorts to small pubs - convention centres, entertainment venues, casinos, theme parks and other leisure facilities, travel agencies, tour operators, restaurants and cafes.

Deacons' tourism, hospitality and entertainment experience is as diverse as the sector we serve. Our team includes specialists in environment and planning, property, construction, technology, intellectual property, taxation, banking, insurance and risk management, corporate governance, competition, and litigation and dispute resolution to deal with all aspects of our clients' legal needs.

From start to finish

Lawyers working in this area must know what it takes to assist industry participants through every stage of their business cycle. Whether starting at the design and construction phase, obtaining the appropriate approvals, liquor and gaming licences, building, environmental and health certificates or consulting on operational and management issues or restructuring by acquisition or disposal - Deacons can work with you.

Our clients range from major airports, airlines, international hotel chains and entertainment complexes to small cultural organisations. We keep abreast of the key issues that affect the industry so we can deliver commercial, practical advice.

We stay focused on results, and know that a co-operative approach to projects with government administrators is vital to deliver cost effective and quick solutions to the legal and commercial challenges our clients face. To this end, we value and nurture an excellent working relationship with representatives of government authorities in all jurisdictions.

Our services

We can work with you on all aspects of the law affecting your business:

• Corporate structuring and governance
• Management agreements
• Acquisitions and disposals
• Planning and environment
• Licensing
• Workplace relations
• Banking and finance
• Intellectual property
• Tax
• Dispute resolution

• Legal update: New .au Domain Name Transfer Policy from 1 June 2008

  In last month’s Legal Update on Upcoming Changes to .au Domain Name Transfer Policy we noted that the Australian domain name administrator (auDA) had approved an implementation plan for a new policy on the transfer on .au domain name licences. auDA has now confirmed that the new policy will take effect on 1 June 2008.

  18 Apr 08 Michael Park

• Legal update: New Guidance Note issued by the Takeovers Panel on equity derivatives

  On 11 April 2008, the Takeovers Panel (Panel) released Guidance Note 20 - Equity Derivatives (Guidance Note) outlining when, and in what circumstances, the use of equity derivatives may constitute unacceptable circumstances and require disclosure to the market.

  17 Apr 08 Robert Sultan, Shane Bilardi , Natalie Trezise

• Legal update: Upcoming changes to .au domain name transfer policy

  The Australian domain name administrator (auDA) recently announced that it has approved an implementation plan for a new policy on the transfer of .au domain names licences. (It is the exclusive licence to use the domain name that is transferred, rather than ownership of the domain name itself.) This announcement follows auDA’s earlier acceptance of the recommendation from the 2007 Names Policy Panel that the current policy be relaxed to allow a registrant to transfer its domain names for any reason.

  27 Mar 08 Michael Park , Ka-Chi Cheung

• Legal update: Market volatility - ASX and ASIC respond

  Sensing a growing controversy, the ASX and ASIC have issued a number of media releases in response to market concerns, reminding market participants of laws designed to protect the integrity of markets. This update discusses the ASX and ASIC statements in light of the current apparent market volatility.

  17 Mar 08 Tim Woodforde

• Legal update: ACCC releases new draft merger guidelines

  The ACCC recently published its 2008 Draft Merger Guidelines for consultation. These guidelines are intended to provide an explanation of the framework the ACCC will apply when considering whether a merger or a proposed merger could substantially lessen competition in a market. Guidelines such as these issued by the ACCC from time to time, provide a useful overview of polices and procedures applied by the ACCC when reviewing proposed mergers.

  4 Mar 08 Jyoti Singh and Chris Mitchell

• Legal update: Margin Scheme Mayhem

  The Federal Court has recently handed down a decision on the application of the margin scheme that could create a major GST headache for developers of strata title units.

  26 Feb 08 David Stavropoulos

• Legal update: Liquor Reform in Queensland

  Last Thursday the Queensland Government placed the liquor industry on notice that broad changes are to be made to the Liquor Act 1992 (the Act). Industry members are urged to make submissions to the Government, the deadline for which is 13th of March 2008.

  18 Feb 08 Tom Young

• Legal update: Your Operating Authorities are Gone

  Since July 2003 with the amendments to the Gaming Machine Act 1991 (Act) and the introduction of the concept of “Operating Authorities” hotel values have skyrocketed.

  10 Oct 07 Jacob Duane

• Newsletter: Our Shout - August 2007

  Despite continued investor confidence, legislative changes still present challenges for Australia’s hotel industry. This edition of Our Shout focuses on legislative amendments for corporate licensees in Western Australia, new smoking laws in Queensland, New South Wales and Victoria, responsible service of alcohol in Victoria and there is even an article on how bikies are becoming licensees in Queensland.

  8 Aug 07 Toby Biddle, Jacob Duane , Sarah Black, Eagul Faigen, Judith Perlstein, Matthew Barry, Henry Trotter, Yael Furstenberg, Sonia Harvey

• Newsletter: EBIT - May 2007

  Welcome to the May issue of EBIT (Emerging Business, Innovation and Tax). EBIT is an informative newsletter to be shared amongst your clients and colleagues. We provide this information to help you keep abreast of changes to legislation and to stay informed of recent cases and other developments. We hope you enjoyed this issue of EBIT and we look forward to bringing you more issues of EBIT in the future.

  24 May 07 Marcus O'Brien, Michael Tooma, Peter Norman , Angela Zhang, April Thomas