Protecting your IP as a licence owner

If you own and lease your hotel or licensed establishment to a third party operator, you might want to think about protecting not just the physical premises, but the intellectual property (IP) that goes with its name. Many premises have existing goodwill in relation to their business name or some other name, slogan or logo. […]

Landlords – are you across who pays GST on your property outgoings?

Landlords of commercial tenants might not be aware of a little-known ATO ruling that makes them liable for GST on everyday property outgoings incurred by the tenants renting their premises. These include typical charges such as council rates, water charges and property insurance, whether they are paid by the landlord on behalf of the tenant […]

Employment Law Update

Penalty Rates in the Hospitality Industry There has been recent commentary from the Government suggesting that Sunday penalty rates in the hospitality industry may be up for review in the future. We summarise below some of the key recent developments in this area. In August 2014, the Full Bench of the Fair Work Commission (FWC) […]

Construction Law Disputes Update

We take this opportunity to review some of the major recent developments affecting construction disputes. Limitation Period For Defective Building Work Last year, the Victorian Court of Appeal confirmed that an owner has 10 years from the issue of an occupancy permit to bring a claim in contract or tort for defective building work. This […]

Essential Safety Measures under Victorian Leases: Who bears the cost?

Earlier this year, VCAT handed down its Advisory Opinion holding that commercial landlords must bear the costs of maintaining any Essential Safety Measures (“ESMs”) which are required at their premises – and that landlords cannot pass those costs on to their tenants. What are ESMs? The Building Regulations 2006 require the landlords of certain types of commercial […]

Government Announces Review of Gaming Machine Arrangements

The Government has announced that a review of Gaming Machine Arrangements will be undertaken by the Department of Justice and Regulation, in consultation with the Departments of Premier and Cabinet and Treasury and Finance. Currently allocated gaming entitlements are due to expire on 15 August 2022. Conducting the review now is aimed at providing certainty […]

Sports Law Update

Sponsorship Agreements – Avoiding the Common Traps Recently, we have acted for a number of sporting clubs and sporting venues experiencing costly disputes in relation to sports sponsorship agreements. Frequently, we see clubs and venues fall into similar traps and we have described some of these in this article, along with some suggested remedies: 1. […]

Trade marks update

Why register a trade mark? Trade marks distinguish your goods or services from those of other traders. When you register a trade mark you obtain exclusive use of the mark for your goods or services throughout Australia. A trade mark can also be integral to your marketing. Consider how closely the golden arches have become […]

Landlord’s interests and amendments to the Insurance Contracts Act

Now more than ever, landlords need to be aware of recent amendments to the Insurance Contracts Act 1984 (Cth), to ensure their interests are adequately protected under their insurance policies or those taken out by their tenants. These amendments, which came into force in June 2013, include some key changes in relation to third party […]