Justice Sifris in the recent Supreme Court decision of Eco Heat (Vic) Pty Ltd v the Syndicate Forty Four Pty Ltd (Subject to DOCA) & Ors  VSC 156 used his power under the Corporations Act 2001 (Cth) to terminate a Deed of Company Arrangement executed by creditors. His Honour demonstrated the Court’s power to use such measures where corporate morality or public interest issues arise.
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.