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.
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.
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.
Broken down – ACCC’s ‘future matters’ claims strategy in doubt
The Federal Court has ruled against one of the ACCC’s favoured approaches when litigating manufacturers’ claims
Maddocks releases annual review of ACCC cases
Maddocks has launched its 2019 in Review - Australian Competition and Consumer Commission.
Misuse of marketing funds: Retail Food Group mounts its defence
The RFG proceedings are the latest in legal and regulatory activity focussed on franchisors misusing marketing funds.
Unconscionable conduct and the Quantum realm
Unconscionable conduct under the Australian Consumer Law vulnerability or disadvantage is not an essential elements