Legal Articles & Insights

Australia: War, sanctions, pandemics, port disruption, raw-material shocks or policy changes do not automatically excuse performance. The contract, causation, foreseeability, notice, mitigation and alternatives matter.

Australia: When a franchise or license launch fails, the key question is what the fee actually purchased: a non-refundable right of entry, or a bundle of site selection, training, systems and launch support? Undelivered services can change the refund

Australia: Cross-territory movement of genuine goods is not a simple issue. Distributors focus on territorial investment and price structure; brands focus on channel integrity and warranty; consumers see the same product at different prices. Legal lim

Australia: Inventory is often the largest practical exit issue. Where stock was required by the brand, purchased to preserve exclusivity or devalued by a sudden product change, a generic “inventory risk is distributor risk” clause may not resolve ever

Australia: “Governing law” and “where to sue” are different. Whether a court has jurisdiction, how process is served abroad and whether a judgment can be enforced where assets sit are separate questions. Many contracts address only the governing law.

Australia: Website inquiries, trade shows, head-office referrals, distributor advertising and local relationships may all touch the same customer. Without lead registration and protection rules, attribution becomes a recurring internal conflict.

Australia: A brand may require annual marketing spend without clarifying whether it must be spent, reimbursed, pooled or deducted from rebates. Disputes then arise over unused balances, invoices and ownership of advertising assets.

Australia: May a distributor sell competing products during the relationship or after exit? For how long, where, and to which customers? Such restrictions protect brands but may be limited by mandatory local law and competition rules.

Australia: Websites, marketplaces, social commerce and livestreaming blur territory. A customer may live in the distributor’s region but buy from the brand’s site after clicking distributor-funded advertising. Attribution must be defined before disput

Australia: A common error after payment default is continuing to ship while waiting for the distributor’s cash flow to improve, increasing exposure. Sudden suspension can also damage end-customer projects. Escalation should reflect contract rights, cr

Australia: A relationship ends, but the former distributor still appears “official” online. Brands fear consumer confusion; distributors fear losing years of traffic and account value. The root problem is poor drafting around license termination and d

Australia: Brands want price consistency while distributors want local discount flexibility. This is not only a contract issue; competition law can matter, especially around minimum resale prices, punitive enforcement or coordination among resellers.