Retail
The Australian retail industry is marked by high levels of competition and continuous change wrought by consolidation, rejuvenated supply chains, and the widespread emergence of private labels.
While vulnerable to fluctuating levels of disposable income, the profitability of the Australian retail sector continues to attract foreign entrants, as well as close strategic partnerships between locally-owned and overseas operators.
Specialist legal advice can assist retailers properly manage their operations in a number of key areas:
- The labour intensity of the sector combined with high levels of industrial representation requires retailers to optimise their position in relation to the Workplace Relations Amendment (Work Choices) Act in order to maintain competitive advantage.
- The cost to retailers of manual handling accidents and other workplace injuries is substantial. With high numbers of staff covered by Occupational Health & Safety legislation, employers need to ensure compliance with regulations, and a capacity to quickly mobilise responses in the event of safety breaches.
- Large retailers face a number of product and personal liability risks which, if poorly managed, can have a disastrous effect on reputation and future earnings.
- The tightening of supply chains means that negotiating and managing agreements with suppliers can deliver tangible bottom-line benefits through economies of scale. Retailers need to assertively negotiate and maintain contracts to return maximum value.
- With wide-spread property portfolios to manage retailers need to take advantage of standard-form lease documentation for cost-efficient administration of their holdings. Our property experts are highly experienced in negotiating and administering these arrangements.
Expertise
We partner with our clients for the long-term benefit of their businesses. Accordingly, our service lines to the retail industry focus on strategic and tactical aspects of operations. Our retail industry services include:
- Workplace relations.
- Occupational Health & Safety.
- Workers compensation.
- Dust diseases.
- Personal injuries.
- Franchising law.
- Property development.
- Construction, projects and infrastructure.
- Joint ventures.
- Commercial and contract law.
- Information technology.
- Intellectual Property.
- Outsourcing.
- Commercial litigation and dispute resolution.
Experience
- We have acted for a large Australian insurer (and its insureds) in many retention of title claims arising out of the administration and receivership of Harris Scarfe, one of Australia's largest retail department stores.
- Advising on a share sale transaction involving the sale of 100% shares in a major automotive franchise business at a transaction value of $38 million, including advising on transaction structure and conducting vendor due diligence.
- Defending general liability personal injury claims on behalf of retailers and their insurers, ranging from simple 'slip and fall's to significant injuries such as brain damage and paraplegia.
- Management of property sales, acquisitions and leases. We service the legal and commercial needs of our clients for all development, leasing and property management projects in the commercial, retail, residential, industrial and tourism sectors.
- We draft and negotiate agreements for lease for developing shopping centres and complexes and deal with the construction issues that generally arise in those transactions. In this regard we have acted for centres and complexes at Norwest, Arndell Park, Tamworth, Seaforth, North Sydney and Penrith.
- Acted for a well known furniture retailer in an $18 million claim for indemnity against a major Australian insurer arising out of a fire that destroyed one of the client's premises.
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