Profile

Philip Colman

Principal

+61 3 8540 0240 +61 417 438 259

A longstanding Principal at MST Lawyers, Philip is also a member of the firm’s Executive Committee and heads the Dispute Resolution and Litigation team. He is an Accredited Specialist in Commercial Litigation and a Nationally Accredited Mediator.

Philip’s Practice

Philip provides a high level practical and strategic advice to clients and, in so doing, provides clear options for dispute resolution and assists in the implementation of the selected strategy in a cost effective manner.

Areas Of Specialty

  • Commercial dispute resolution and contract interpretation and advice
  • Disputes involving franchisors and franchisees (including franchise terminations)
  • Competition and consumer disputes
    and regulatory actions
  • Corporations and insolvency

 

Industry Experience

  • Franchising
     Retail
  • Building and construction
  • Insolvency and reconstruction
  • Manufacturing

 

 

 

 

Qualifications/Admissions

  • Bachelor of Jurisprudence Monash University
  • Bachelor of Laws Monash University
  • 1981 – Admitted to the Supreme Court of Victoria and the High Court of Australia
  • 1993 – LIV Accredited Specialist in the area of Commercial Litigation
  • Listed in The International Who’s Who of Business Lawyers as one of a small number of Australian lawyers recognised as a specialist in franchising since 2010.
  • 2014 – LIV Accredited Specialisation Achievement Award (Finalist)
  • 2015 – Award received from Bakers Delight Holdings for 25 years’ service as principal legal adviser
  • (2003 – 2012) – served on the LIV Commercial Litigation Advisory Committee, and served as its chair for three years
  • Regularly invited to speak and present at local and international legal symposia

Memberships

  • Law Institute of Victoria (1981)
  • Accredited Specialist Board of the Law Institute of Victoria (2013)
  • Law Council of Australia (since 1995)
  • International Bar Association (2010)
  • International Franchising Committee of the International Bar Association (2010)
  • Resolution Institute (2014)

Significant Matters

  • Acted for a group comprising the majority of franchisees of national franchising network in relation to a serious and complicated dispute with the franchisor, resulting in a resolution involving a consortium of the franchisees acquiring the franchisors business and restructuring the franchise network.
  • Acted for majority shareholders and funders of a significant private company in proceedings in the Federal Court of Australia, resisting claims of oppression and prejudicial conduct made by a minority shareholder.
  • Successfully resisted and resolved numerous unfair preference claims made by company liquidators.
  • Defended numerous franchisors against whom allegations of misleading and deceptive conduct, unconscionable conduct and breaches of the Franchising Code of Conduct were made. Favourable outcomes were achieved (see International Advisor Systems Pty Ltd v XYYX Pty Ltd & Anor [2008] NSWSC 2; St Leger Investments Pty Ltd v True Blue James Pty Ltd & Ors [2013] FCCA 601 and [2014] FCCA 2048.
  • Obtained substantial compensation, costs and interests for a “mum and dad” franchisee that alleged misleading and deceptive conduct against the Muffin Break franchisor and successfully resisted an appeal to the Full Court of the Federal Court of Australia (see Miba Pty Ltd v Nescor Industries Group Pty Ltd and Anor [1996] FCA 834 and [1997] FCA 89 and Nescor Industries Group Pty Ltd and Ors v Miba Pty Ltd and Ors [1997] FCA 1431).