Paying The Price: Australia’s Low Competition Law Penalties
Injunctions play a key role in franchising. They are a specific tool that enables franchisors to enforce terms, relating to protecting their brand and trademarks, reputation and their franchises generally. They can also be used by franchisees to prevent a franchisor from wrongfully terminating their franchise arrangement.
Recently, Justice Barker of the Federal Court dismissed an urgent application for an injunction in the matter of W Hoy Pty Ltd v W.T.H. Pty Ltd  FCA 310. His Honour determined this was not a matter where an injunction should be granted. He said that while some of the claims were arguable, they were not strong, and as such, the balance of convenience and justice did not warrant the granting of an injunction, as damages were an adequate remedy.
It is with great pride that we announce that Alicia Hill, Principal, has been included in the 11th Edition of The Best Lawyers™ in Australia for her work in Litigation.
This month the Full Federal Court considered the case of a producer who claimed that their competitor had been passing off a product that was similar to their own.
The Court found that merely taking advantage of a market created by another producer was not enough for passing off. Misrepresentation and damage to goodwill are also required.