For a Australia connection, start with the contract’s governing law, forum, parties, performance location and the way the relationship actually operated. Do not assume that a label such as “agent” or “distributor” decides its legal classification.
Agency framework and contract structure
Federal and state dimensions can affect distribution arrangements. Identify whether the partner buys and resells goods, introduces customers, signs for the principal or operates under a brand system. Compare that role with the written appointment, purchase terms and any local registration requirements.
Distribution and exclusivity risks
Map products, territory, reserved accounts, online channels, minimum purchases and exceptions. Check whether direct sales, affiliates and cross-border orders are included. A vague territory clause can turn an operational conflict into a dispute.
Termination, payment and inventory
Review notice and cure periods, unpaid invoices, rebates, deposits, stock repurchase and customer handover. Preserve delivery and acceptance records. Before ending supply or withholding funds, assess contractual and local-law consequences.
Arbitration or litigation path
Check the dispute clause for seat, institution or court, language, service method and interim relief. Estimate enforcement where the counterparty holds assets. A local lawyer should verify jurisdiction-specific procedural rules and current law.
Trademark, IP and evidence
Confirm who owns registrations and localized materials, who may use marks and domains, and what happens on exit. Preserve signed versions, emails, orders, shipping records, screenshots and translations with dates and provenance.
Frequently asked question
What should parties check in Australia?
Check relationship classification, the signed contract, actual sales flow, local mandatory rules, available evidence and the location of assets before choosing a remedy.