Registration of a trade mark offers different, and important, protections to the registration of a business name.  Whilst both can be used to identify your business, registering your business name does not give you legal proprietary rights over that name. Business Name A business name is the name under which your business operates.  You only need to register a business name if you are trading under a name that is

Pursuant to the Liquor Control Act 1988 (WA) the primary and predominant purpose of a restaurant must be the regular supply of meals to customers seated at a dining table (or similar fixed structure). However, restaurants can obtain an extended trading permit to serve liquor without a meal. If the capacity of the premises is less than 120 persons, then the process for obtaining an extended trading permit is relatively

Dubbed the ‘Unfair Contracts Act’, recent changes to legislation finally provides parties to standard form contracts with greater protection. A standard form contract is one that has been prepared by one party to the contract and where the other party has little or no opportunity to negotiate the terms of the contract, effectively it is a ‘take it or leave it’ contract. These changes apply to contracts entered into on

If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Whilst recent data is showing a slow and stagnant market, one thing remains constant with any business, rent.  Behind staffing costs, rent is one of the largest expenses for any hospitality venue. Therefore, it is critical that the rent payable is sustainable and the other terms and conditions of the lease are

Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally prevailed with at least one distiller in Western Australia now allowed to sell their spirit sample product with a mixer. Section 55 of the Liquor Control Act covers wine, beer and spirit producers, however, all is not equal with distillers not allowed to sell or supply their own product for on

Social media has become a very effective marketing tool.  However, you do not have to try too hard to find examples of where social media has resulted in poor publicity for a business.  Whilst some say any publicity is good publicity, business operators need to be careful on a number of legal fronts when engaging in social media activities.   Some key issues include: Copyright Law There have been a number

Buildings need to be repaired and maintained otherwise they will deteriorate. Laws also change imposing additional obligations on occupants. We have recently seen Councils and the Licensing Authority imposing additional obligations in order for the building to be compliant for public safety, such as the obligation to install new firefighting water tanks at significant costs due to low water pressure.  However, the question is often asked who is responsible for

As the name suggests, a Shareholders Agreement is a written agreement between shareholders that governs the relationship between them. Whilst the Corporations Act does not require a company to have a Shareholders Agreement, it is a beneficial document for setting out the rules that the shareholders need to play by. Ideally, a Shareholders Agreement should be prepared at the start of a business venture, when all parties are enthusiastic about

WHAT IS THE PUBLIC INTEREST TEST? In June 2016, the review of the Liquor Licensing Act 1997 was completed and 129 recommendations were presented to the Attorney General. One key recommendation, which has been substantially accepted by the South Australian Government, is the replacement of the needs test with a Community Impact and Public Interest Test to apply to certain high risk categories of licence. The needs test has been