Dispute Resolution & Litigation

Franchising Injunctions: Preserving Your Rights And Maintaining The Status Quo

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 [2018] 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.

Alicia Hill named in 11th Edition of The Best Lawyers™ in Australia

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.

A Tale Of Two Beers: Passing Off And Misleading And Deceptive Conduct

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.

Insolvency Disclaimer As Priority Over Conflicting State Law

Insolvency practitioners and company directors will be relieved to learn that in general circumstances disclaimers of onerous obligations by a liquidator will have priority over conflicting state laws.

The recent case of Longley & Ors v Chief Executive, Department of Environment and Heritage Protection and Anor [2018] QCA 32 (Longley) overturned a contentious decision of the Brisbane Supreme Court and reiterated the general priority of the Corporations Act (Cth) over State laws.