Commercial Litigation

 

Franchise Dispute Services

Commercial Litigation

 

We have acted for many franchising clients (both franchisors and franchisees) in simple and complex franchise disputes and litigation proceedings at all levels of the Australian Court system.

 

We have also acted in a number of commercial litigation matters in the High Court of Australia, including one of the leading cases involving misleading and deceptive conduct.

 

Our extensive litigation experience means that we can give you the information you need to define or revise your commercial strategy.

 

We are focused on efficiency and our advanced use of technology means that we can efficiently and cost effectively handle litigation involving large volumes of documents.

 

Notable Litigation

Yorke v  Lucas (1985) 158 CLR 661

Yorke v Lucas was one of the first cases where Section 52 of the Trade Practices Act 1974 (Cth) (now Section 18 of the Australian Consumer Law) was used in the context of commercial misrepresentation.

 

R v Byrnes (1995) 183 CLR 501

The High Court case of R v Byrnes is the leading authority providing interpretation of the directors' statutory duty not to act with impropriety. The case involved a complex situation where the director was an officer of two companies.

 

JM & PM Holdings Pty Ltd v Snap On Tools (Australia) Pty Ltd [2015] NSWCA 347 

JM & PM Holdings Pty Ltd v Snap On Tools (Australia) Pty Ltd is a franchisee misleading and deceptive conduct case which was heard by the NSW Court of Appeal. The case involved a complex cash flow projection spreadsheet provided to the franchisee before the franchisee entered into the franchise agreement.

 

 

 

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