About Christopher

Christopher Marsh is a highly experienced disputes lawyer, specialising in competition and consumer law, particularly in relation to product safety and the energy and franchising sectors. He has extensive experience handling disputes and litigation involving breaches of the Australian Consumer Law and Franchising Code of Conduct, together with commercial contractual disputes and cartel conduct, including acting both for and against the ACCC. 

Christopher has particular experience in managing product recalls and liability matters, providing strategic advice to clients navigating these complex regulatory environments, responding to regulatory investigations, customer communications and claims from consumers. 

Experience

• Modern Star

  Advising Modern Star in relation to its national product safety recall of children’s coloured sand products due to potential contamination with asbestos. Modern Star was the first of many suppliers to recall their coloured sand products and the recall attracted significant media attention across Australia, especially following the State-mandated closure of some schools across the country. To date, this has involved Maddocks utilising its significant product recall experience to provide ongoing advice to Modern Star regarding its legal obligations, product recall strategy, assisting with responses to requests from regulators and claims from customers, and with customer communications and a public relations strategy.

• Endeavour Energy

  Acted for Endeavour Energy in Supreme Court of NSW proceedings brought by a former contractor, Vergan Enterprises arising from alleged misleading or deceptive conduct in the administration of the project and unlawful termination of five agreements for works performed across Endeavour Energy sites in the Sydney region.  

• Sony Australia

  Acted for Sony in significant Federal Court proceedings involving allegations of misleading and deceptive conduct in the context of the unauthorised import of Sony products (often referred to as “grey market” goods). The proceedings involved claims that an Australian retailer, Mobileciti, misrepresented consumer rights and engaged in misleading conduct in relation to genuine Sony products that were ‘parallel imported’ from overseas outside Sony’s official distribution network. Maddocks' team provided comprehensive legal support to Sony, addressing complex consumer law issues and ensuring that Sony's interests were protected. The proceedings were subsequently resolved on mutually agreeable terms, including declarations and orders concerning the retailers unlawful conduct.

• Direct Digital Group Operations Pty Ltd (Direct Group) and Magnamail

  Acting for Magnamail and its parent company, Direct Group, in high‑profile Federal Court proceedings instituted by the ACCC alleging false or misleading representations made in connection with Magnamail’s “pre‑draw” promotional campaigns.

• 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.

• Global Hair and Beauty Franchising Pty Ltd

  Defended numerous complex allegations in the Supreme Court of Queensland that a majority shareholder in a merged business was acting oppressively in its role as the majority shareholder and engaged in misleading or deceptive conduct prior to the merger. The minority shareholder also sought three separate injunctions in the proceedings and the parties attended 3 days of mediations in two separate attempts to resolve the matter by agreement.

  The clients also had claims against the former CEO for breach of the merger agreement and misleading and deceptive conduct. This matter was highly contested and involved serious allegations of misconduct on the part of key directors on both sides. The matter settled in mid-December 2018 immediately following the second attempt at mediation and applications for further and better disclosure brought by both sides.

• Major multi-site franchisee

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

• Lilyvale Hotel Pty Ltd (trading as Shangri La Hotel, Sydney)

  Acted for Lilyvale in a dispute with (and subsequent Supreme Court of New South Wales proceedings brought by) Mothership Media Pty Ltd. Mothership promoted a New Year’s Eve event at which Lilyvale provided food and beverage catering services. Mothership alleged that, due to the alleged poor quality of those services, Lilyvale breached the Australian Consumer Law and the parties’ contract. The proceedings were settled on mutually agreeable terms.

• ACCC

  Acted for the ACCC in its detailed investigation and had a prominent role in the team that commenced proceedings in the Federal Court against Lifestyle Photographers Pty Ltd alleging unconscionable conduct and misleading or deceptive conduct. The Federal Court subsequently ordered the company to pay a penalty of $1.1million and refund consumers who used its services over a 3 year period.

• ACCC

  Acted for the ACCC in its Federal Court proceedings against Invocare Australia Pty Ltd alleging unconscionable conduct and misleading or deceptive conduct. The original investigation also included other allegations, including unfair contract terms. The matter settled with the Court imposing a penalty of over $100,000 and requiring various changes to InvoCare’s selling practices to safeguard consumers from further unlawful conduct