Hotels

Having advised on many major hotel transactions across Australia, Asia and the Middle East, we have developed specific expertise in assisting clients with corporate and real estate ownership structures, hotel acquisitions and disposals (at an asset and corporate level) of hotels in a standalone location and as part of mixed use developments, and joint ventures.

Our vast experience and good working relationship with major national and international clients, including listed companies, private investors, owners and developers, means we can connect you with interested buyers, sellers and investors.

We can help you with:

• ownership structures
• regulatory issues such as Foreign Investment Review Board (FIRB) approvals
• joint ventures
• acquisitions and disposals (at an asset and corporate level) of hotels in stand-alone and mixed-use
  developments

We advise on all contracts applicable to the development and operation of a hotel, including management agreements, development and operating leases, franchise agreements, technical services agreements, operator/financier non-disturbance agreements and marketing services agreements.

To ensure a seamless process across all aspects of planning and developing a new hotel— during construction phase, through times of project phase transitions and when dealing with suppliers and contractors — it is important to apply a holistic ‘all-of-project’ understanding, while also remaining agile to the micro issues that can arise.

Our full suite of planning and development legal services means we can partner with you across the whole life cycle of your new hotel project, from project inception through to hotel opening.

We can help you with:

• planning and related land use
• environmental law
• local government issues
• property law
• subdivision
• mixed-use developments
• dispute resolution, court and VCAT representations
• owners corporation establishment and management

Construction contracts for the delivery of hotels have their own specialised requirements. They need to provide for flexibility in order to achieve value management objectives, and yet require strict compliance with the hotel brief.

We have experience in preparing construction documents for the delivery of hotels through an Early Contractor Involvement (ECI) process, a full Design & Construct (D&C) process and construct only, together with review and advice on security documents.

The challenges facing owners in securing hotel financing are complex. We have vast experience in the negotiation of debt finance for investment properties and portfolios, in addition to debt funding (construction and ‘take out’) for development projects, and can assist you in achieving a successful result.

As part of our financing expertise, we also negotiate third party financing documentation such as owner/financier/operator tripartite agreements.

Our team can advise you how to structure your hotel transaction or development to achieve both maximum tax efficiency, including stamp duty considerations and asset protection.

We assist residents and non-residents investing in Australia to manage complex Australian investment regulations and Federal and State tax obligations to achieve commercial objectives, asset protection needs and tax effectiveness.

Our industry recognised lawyers can assist with tax planning including selecting investment structures and investment methods to manage and legally minimise applicable taxes.

As a full-service commercial firm, we have the expertise to assist you with operational aspects of your hotel, providing advice on:

• workplace relations, industrial relations and OH&S
• corporate migration and visa requirements
• supply and distribution agreements
• liquor licensing including all licence applications and transfers
• development and enforcement of intellectual property rights

The Victorian liquor and gaming industry is highly regulated. These regulations apply to hotels with liquor and gaming licenses. In this highly complex area, operators have to balance commercial, legal and community interests.

You will benefit from our ability to bring together the range of legal services required to help your business, combined with our significant industry insight, knowledge, networks and excellent working relationships with agents, governing bodies and regulators.

We are actively involved with the Victorian Commission of Gambling and Liquor Regulation and the Law Institute of Victoria’s Liquor Licensing Committee, and through our involvement keep our clients up-to-date with industry information and regulatory changes and impacts.

We can help you with:

• licensing and gaming applications and compliance issues for new and established venues
• transfer of liquor licence applications
• panel hearings, defence applications and enforcement proceedings
• buying, selling and leasing licensed businesses
• planning applications and disputes
• appearing at VCAT for licensees in matters relating to applications by the Police, local councils,
• the Victorian Commission of Gambling and Liquor licensing
• supplier, distribution and contract arrangements with contractors, employees and promoters
• promotional arrangements and agreements
• venue operator licence applications
• gaming venue approvals