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Automotive

Holding Redlich has extensive experience and expertise in advising motor vehicle manufacturers on all legal issues applicable to conducting business in Australia.

Automotive

Holding Redlich acts for and advises a number of car manufacturers on all of the legal issues affecting their Australian operations. Our clients operate in all segments of the market, including mass market and ultra luxury, and some are leaders in electric vehicle production.

Expertise

Holding Redlich acts for and advises a number of car manufacturers on all of the legal issues affecting their Australian operations. Our clients operate in all segments of the market, including mass market and ultra luxury, and some are leaders in electric vehicle production.

The issues we advise on regularly include commercial and technology agreements, privacy and data protection, franchising, dealer agreements, advertising and marketing, brand protection, trademark licensing, finance and insurance arrangements, warehousing and logistics, importing and dealing with customs, competition and consumer law, regulatory requirements, and commercial and contractual disputes. Our employment team advise the industry on employment law, including senior executive employment issues, and workplace safety. Our property lawyers advise on real estate purchases, leasing, and planning and environment issues.

This breadth of legal experience and expertise, together with our thorough knowledge of the automotive industry, mean that the legal services we provide to the industry are expert, efficient, and solutions-focused.

Experience

The Australian automotive industry has undergone massive change in the past 7 years.

Following the closure of local car manufacturing in 2017, Australia moved to an import-only model. A further significant shock to the industry occurred 3 years later when the Australian subsidiary of General Motors, General Motors-Holden (GMH), which had once dominated the Australian car industry, closed its Australian operations at the end of 2020.

The adverse impact on car dealers as a result of the GMH closure, in particular, resulted in a review of automotive franchising arrangements by the Australian Competition and Consumer Commission (ACCC), and investigations by the Australian Government and committees of the Australian Parliament.

Significant, dealer-friendly amendments were made to the mandatory Australian Franchising Code of Conduct in 2020 and 2021 to provide contractual and other protections for car dealers, and further regulatory intervention is possible following a review of the Franchising Code of Conduct commissioned by the Australian Treasury in 2023.

Our experience advising motor vehicle manufacturers is extensive and includes the following:

  • advertising and marketing, including advising on compliance with the Australian Consumer Law, the Voluntary Code of Practice for Motor Vehicle Advertising, and the AANA Code of Ethics
  • commercial and technology agreements
  • competition law
  • customs, excise and import issues
  • data protection and privacy
  • dealership agreements and issues, including compliance with the Franchising Code of Conduct
  • direct sales issues
  • employment law, including recruitment and termination of employees
  • finance arrangements
  • insurance arrangements
  • logistics and warehousing agreements
  • procurement and purchasing agreements
  • regulatory compliance
  • sales contracts
  • supplier contracts
  • sponsorships and other marketing arrangements
  • telecommunications law and regulations applicable to internet-connected motor vehicles
  • terms and conditions of business
  • trademarks and brand protection
  • workplace safety.

Recent Posts

06 September 2023 - Knowledge

Federal Court dismisses dealers’ case against Mercedes-Benz

#Corporate & Commercial Law, #Automotive

The Federal Court has dismissed the case brought by 38 Mercedes-Benz dealers against Mercedes-Benz following the manufacturer’s introduction of an agency model in place of the previous long-standing dealer arrangements. The case has important implications for automotive franchising in Australia.