About Shaun

Shaun is a commercial dispute resolution lawyer who is experienced in competition and consumer law advice and litigation. He also advises on property disputes, including retail and commercial leasing matters, and large scale commercial and contractual disputes. With an in-depth understanding of competition and consumer law. Shaun regularly acts for clients in matters involving restrictive trade practices, and the Australian Consumer Law.

Having acted for the Australian Competition & Consumer Commission in both New South Wales and Western Australia, he has unique experience resolving Competition and Consumer Act 2010 investigations and prosecutions. Shaun regularly acts for clients at all levels of the franchising and consumer markets sector across Australia. He is highly regarded for his legal knowledge, strategic advice and negotiating skills.

Experience

• Mercedes-Benz Australia/Pacific Pty Ltd

  Acting for Mercedes-Benz Australia/Pacific Pty Ltd in the $650 million dispute and Federal Court of Australia proceedings commenced by 38 of its Australian dealers.

• ACCC

  Assisted the ACCC with a long running investigation into Apple's return policies and practices (including statements made by various Apple companies around the globe to Australian consumers). The investigation concluded with Apple giving a section 87B undertaking in respect of alleged misleading or deceptive conduct regarding Australia’s consumer guarantee regime. Importantly, part of the settlement includes a minimum 2-year warranty on all Apple products sold in Australia, which is an excellent result for consumers.

• Major multi-site franchisor

  Advised on the investigation by a major Australian multi-site franchise for suspected unfair treatment of workers, which led to the issue of breach notices and several mediations to resolve the matter on terms requiring repayment of workers and the a major restructure of the franchisee’s business.

• Modern Brands

  Acted for Modern Brands in response to an ACCC product safety warning in connection with a ride on tricycle product. We assisted our client in negotiations with the ACCC, changes to the product design and packaging and in the voluntary recall of the products from the market.

• Emerald Foods (Australia) Pty Ltd

  Acting for Emerald, the franchisor of the Movenpick network of ice cream franchises, in Federal Court of Australia proceedings brought against it and the former franchisor by a number of current and former franchisees, who allege that the parties engaged in breaches of the Franchising Code of Conduct, bad faith and unconscionable conduct. We have managed to negotiate a resolution of all allegations against our client, the exit of an unhappy franchisee and the dismissal of the proceedings against our client with no adverse findings having been made against our client.

• Australian Skin Clinics

  Acted for the majority owner of ASC (Global Hair & Beauty) and several directors in a dispute with its former majority shareholder in which the . The minority shareholder alleged that our client has engaged in oppressive conduct, unconscionable and misleading conduct and bad faith. We successfully negotiated an exit for the minority shareholder following a hotly contested dispute in the Supreme Court of Queensland with our client securing 1005 control over the ASC business.

• Automotive industry
  • Kingmill (NRMA’s car rental division, formerly operating as Thrfity Car and Truck Rental Australia) – advising on a significant international master franchise agreement with Sixt Car Rental Australia, as well as the conversion of the Thrifty rent-a-car network in Australia to the Sixt brand, , as well as assisting in a mediation with the franchisee representative council and individual franchisees who were alleging breach of the Competition and Consumer Act.
  • Nissan Australia – advising on dealer dispute issues, including strategy advice and implementation.
  • IVECO – advising on the roll out of the new dealer agreement across their network and management of dealers during this process.

  Automotive and Franchising

  Franchise and dealer models, licencing, requirements for Franchising Codes of Conduct, compliance, conversion strategies