Wine, Vineyards and Liquor

Bennett & Philp is able to provide a range of legal services and counsel to commercial and boutique wineries and vineyards operating within Australia and to entities both exporting wine abroad and importing wines and spirits into Australia.

Our team also has the added advantage of access to leading Australian wine experts and wine industry consultants who are able to consult with vintners, vignerons and negociants, both in on-shore and internationally.

Vineyard and winery operators, grape producers, winemakers and merchants, spirit and liquor producers, exporters and importers can confidently seek our food and beverage law team's advice across a broad range of matters, including:

  • Banking, investment and finance;
  • Construction, infrastructure and equipment;
  • Corporate advisory;
  • Climate change and environmental compliance;
  • Dispute resolution;
  • Employment, workplace relations and WH&S;
  • Foreign Investment Review Board (FIRB) applications;
  • Food hygiene, safety and standards;
  • Franchising;
  • Global investments and trade agreements;
  • Government compliance and concessions;
  • Intellectual property, licensing and quality control;
  • Market entry, structures and expansion opportunities;
  • Mergers and acquisitions;
  • Property  and leasing transactions;
  • Rural property purchases, sales, leasing and land use;
  • Regulatory reporting and obligations;
  • Risk management;
  • Shareholder and partnership agreements;
  • Tax and business structures, compliance and advice;
  • Water rights, and
  • Wine and alcohol beverage law advice.

Our food and beverage law team provide clients with advice on a full range of issues, from research and development,  processing and packaging, brewing, bottling and labelling, licensing, supply chains and distribution through to food safety, recalls and class actions, employment law, intellectual property and brand management, commercial contracts and agreements, franchising and competition. We also connect producers and stakeholders with on-shore and off-shore markets and trading partners.

Of note, Bennett & Philp Lawyers recently won a landmark decision in the global trade mark war between rival brands Wild Geese, Irish Whiskeys and Wild Turkey bourbon, that has involved litigation in some 55 cases around the world, fought out over many years. In late 2016 the High Court of Australia endorsed a unanimous decision by 5 Federal Court judges, when our prominent Bennett & Philp Intellectual Property Lawyer, Ken Philp, won an appeal case over the issue of a trade mark owner failing to show proper control and use of their mark. The decison is a "precedent setter" as it is the first major case about the definition of "use" and "control" as factors in a trade mark's non-use in more than 40 years.