About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

Latest News

Winner of the first William Ah Ket Scholarship announced November 21, 2017

Tuesday 21 November 2017 A solicitor in a Victorian government agency is the first winner of the William Ah Ket Scholarship, a $5,000 prize named after the first barrister of Chinese heritage in Australia. K … Continued

Latest Article

Maximum term contracts considered by the Commission: has their use expired? December 11, 2017

Last week, in what is a decision with potentially significant implications, the Fair Work Commission Full Bench has overturned the legal principle underpinning the widespread use of maximum term contracts. These contracts are a common … Continued

Consumer Markets & Franchising

Maddocks’ Consumer Markets team provides strategic, commercial and corporate advice to clients who operate local, national and international distribution networks at a wholesale and retail level, for consumer goods and services.

Our clients range from start-up operations through to listed multi-national businesses and private equity funds. Our lawyers have in-depth industry knowledge at local, national and global levels in key industries, such as:

How can we help?

Commercial

Our team can assist at any point in the following development timeline:

 

Expansion advice and establishment of distribution models

Our team can give you advice on the most effective expansion strategies and structures for your business, including via franchising, company outlets, partnerships, joint ventures and licencing. Because of our knowledge in this space, our team is able to give you alternative expansion ideas you may not have otherwise considered.

Our team has extensive experience in: Drafting franchise, dealer and licence agreements and documents required by the Franchising Code of Conduct; Advising on Franchising Code of Conduct compliance; Conversion strategies to and from franchised/licenced models.

  • Competition and consumer law compliance, pricing and cartel conduct advice
    • Advice regarding restrictive trade practices, in particular in supply chain relationships.
    • Compliance with the Australian Consumer Law, including on trading terms and consumer guarantees.
    • Competition law training and compliance programs.
  • Mergers and acquisitions and private equity transactions
    • business acquisitions and disposals
    • due diligence and risk management advice
    • tax structuring and stamp duty implications
  • Group restructures
    • corporate roll-ups and buy backs
  • Joint ventures and partnerships
  • Intellectual property exploitation and licencing
  • Property acquisition sales and planning
  • Retail leasing
  • Privacy Compliance
  • Big Data Analytics and Data Driven Marketing
  • Affinity Marketing
  • Online
    • all aspects of marketing, selling and operating online – from assisting established brands to move online to all online start-ups
  • Product Structuring
    • legal aspects of structuring financial and other service products, including retail energy, consumer and business telecommunications, payment services, customer recruitment, advertising, sports, sponsorship and media
  • Workplace relations

Learn more about the matters we have worked on.

Conflicts and Disputes

Unfortunately, in business all too often conflicts and disputes can arise, whether in franchise systems; in distribution networks (at both a wholesale and retail level) and with consumers.

Our team can assist at any point in the following development timeline:

We specialise in areas including the following:

  • Dispute avoidance
    • Properly handled, many disputes with franchisees can be resolved before they even arise. We can assist you with communications, strategy and implementation of any initiative so as to reduce the risk of a conflict arising.
  • Notices – Dispute, Breach and Termination
    • If a dispute cannot be resolved through conferral and discussion, then at times there can be a need to escalate the strength of the response. As Notices are the foundation stone for all of the activity that follows, it is imperative to get these right. One wrong step at this stage can be disastrous and we can assist you in preventing that from occurring.
  • Mediations (including under the Franchising Code of Conduct)
    • Mediatons present a wonderful opportunity to resolve disputes privately and rebuild damaged relationships. We have extensive experience in resolving disputes using this method, including mediations held under the Franchising Code of Conduct.
  • Urgent applications and injunctions
    • On occasion, there is a need to act fast and with conviction:
      • to protect trade secrets and confidential information
      • to enforce a restraint provision
      • to restrain a sale of business or change in shareholding.

We have significant experience in obtaining urgent orders in the Federal and State Supreme Courts.

  • Court proceedings and trial
    • In those rare instances where we have been unable to avoid or settle the dispute, our team can manage the preparation and attendance at trial in a manner that is strategic, focussed and efficient. In doing so, we utilise modern e-discovery tools and legal project management methodologies.
  • ACCC investigations and prosecutions
    • Having acted for and against the ACCC for many years, we are the people to call if the ACCC comes knocking at your door. We can assist with compulsory investigation notices, settlement discussions, administrative settlements and, if necessary, contested matters.

Awards and recognition

  • Melbourne Franchise Law ‘Lawyer of the Year’ – Best Lawyers 2014 – Greg Hipwell
  • Best Lawyers 2018 – Greg Hipwell is recognised for Franchise Law and Commercial Law. Brendan Coady is recognised for Commercial Law.
  • Legal 500 Asia Pacific 2016/2017 – Ranked for Intellectual Property
  • Chambers Asia Pacific 2017 – Recognised practitioner for Intellectual Property
  • Lawyers Weekly’s 2016 Women in Law Awards – Senior Associate of the Year, Finalist – Elizabeth Lilley
  • Lawyers Weekly’s 2015 Women in Law Awards – Senior Associate of the Year, Finalist – Jessica Reid

Maddocks’ Consumer Markets team provides strategic, commercial and corporate advice to clients who operate local, national and international distribution networks at a wholesale and retail level, for consumer goods and services.

Our clients range from start-up operations through to listed multi-national businesses and private equity funds. Our lawyers have in-depth industry knowledge at local, national and global levels in key industries, such as:

How can we help?

Commercial

Our team can assist at any point in the following development timeline:

 

Expansion advice and establishment of distribution models

Our team can give you advice on the most effective expansion strategies and structures for your business, including via franchising, company outlets, partnerships, joint ventures and licencing. Because of our knowledge in this space, our team is able to give you alternative expansion ideas you may not have otherwise considered.

Our team has extensive experience in: Drafting franchise, dealer and licence agreements and documents required by the Franchising Code of Conduct; Advising on Franchising Code of Conduct compliance; Conversion strategies to and from franchised/licenced models.

  • Competition and consumer law compliance, pricing and cartel conduct advice
    • Advice regarding restrictive trade practices, in particular in supply chain relationships.
    • Compliance with the Australian Consumer Law, including on trading terms and consumer guarantees.
    • Competition law training and compliance programs.
  • Mergers and acquisitions and private equity transactions
    • business acquisitions and disposals
    • due diligence and risk management advice
    • tax structuring and stamp duty implications
  • Group restructures
    • corporate roll-ups and buy backs
  • Joint ventures and partnerships
  • Intellectual property exploitation and licencing
  • Property acquisition sales and planning
  • Retail leasing
  • Privacy Compliance
  • Big Data Analytics and Data Driven Marketing
  • Affinity Marketing
  • Online
    • all aspects of marketing, selling and operating online – from assisting established brands to move online to all online start-ups
  • Product Structuring
    • legal aspects of structuring financial and other service products, including retail energy, consumer and business telecommunications, payment services, customer recruitment, advertising, sports, sponsorship and media
  • Workplace relations

Learn more about the matters we have worked on.

Conflicts and Disputes

Unfortunately, in business all too often conflicts and disputes can arise, whether in franchise systems; in distribution networks (at both a wholesale and retail level) and with consumers.

Our team can assist at any point in the following development timeline:

We specialise in areas including the following:

  • Dispute avoidance
    • Properly handled, many disputes with franchisees can be resolved before they even arise. We can assist you with communications, strategy and implementation of any initiative so as to reduce the risk of a conflict arising.
  • Notices – Dispute, Breach and Termination
    • If a dispute cannot be resolved through conferral and discussion, then at times there can be a need to escalate the strength of the response. As Notices are the foundation stone for all of the activity that follows, it is imperative to get these right. One wrong step at this stage can be disastrous and we can assist you in preventing that from occurring.
  • Mediations (including under the Franchising Code of Conduct)
    • Mediatons present a wonderful opportunity to resolve disputes privately and rebuild damaged relationships. We have extensive experience in resolving disputes using this method, including mediations held under the Franchising Code of Conduct.
  • Urgent applications and injunctions
    • On occasion, there is a need to act fast and with conviction:
      • to protect trade secrets and confidential information
      • to enforce a restraint provision
      • to restrain a sale of business or change in shareholding.

We have significant experience in obtaining urgent orders in the Federal and State Supreme Courts.

  • Court proceedings and trial
    • In those rare instances where we have been unable to avoid or settle the dispute, our team can manage the preparation and attendance at trial in a manner that is strategic, focussed and efficient. In doing so, we utilise modern e-discovery tools and legal project management methodologies.
  • ACCC investigations and prosecutions
    • Having acted for and against the ACCC for many years, we are the people to call if the ACCC comes knocking at your door. We can assist with compulsory investigation notices, settlement discussions, administrative settlements and, if necessary, contested matters.

Awards and recognition

  • Melbourne Franchise Law ‘Lawyer of the Year’ – Best Lawyers 2014 – Greg Hipwell
  • Best Lawyers 2018 – Greg Hipwell is recognised for Franchise Law and Commercial Law. Brendan Coady is recognised for Commercial Law.
  • Legal 500 Asia Pacific 2016/2017 – Ranked for Intellectual Property
  • Chambers Asia Pacific 2017 – Recognised practitioner for Intellectual Property
  • Lawyers Weekly’s 2016 Women in Law Awards – Senior Associate of the Year, Finalist – Elizabeth Lilley
  • Lawyers Weekly’s 2015 Women in Law Awards – Senior Associate of the Year, Finalist – Jessica Reid