Wine, Viticulture & Brewing

Australia, and South Australia in particular, is a world renowned and a much celebrated wine region. Additionally there has been a rise of award winning brewers and distillers cementing Australia as a serious contender on the world stage.

Wallmans has been assisting local and national producers at all stages of their operations, whether they a start-up or boutique producer, through to established vineyards, and international wine and spirit brands.

The laws and regulation surrounding production, marketing, labelling, export and sales are wide and varied, encompassing federal, state and international legislation.  We bring together an experienced multi-disciplinary team with expertise on all key facets of operation.

Our experience extends to capital raising, structuring, taxation (including WET and international taxation levies), supplier and distribution agreements, grape supply contracts, and export agreements.  We have significant expertise in intellectual property requirements such pre-branding due diligence, labelling laws, licensing agreements, trade marks and foreign trade marks registration.  We have acted in numerous matters regarding Plant Breeders Rights, water rights and trade mark and brand infringements.

Our work in expansion and export, especially into new international markets, has seen us assisting clients with export trade agreements, IP protection and registration (including China), packaging and language advice, supplier and licensing agreements, bottling contracts, labelling laws and obligations under General Data Protection Regulation and Privacy laws.

Our firm also has a leading Digital Media practice, with key experience in wine and spirit marketing including advertising laws and compliance, social media, website and domain names registration, brand management and reputational crisis.

We work closely with our leading Hospitality and Licensing practice who advise cellar doors, wineries, hotels, restaurants and other licensed venues on liquor licensing, gaming law and regulations, business sales and purchases, leasing and undertaking applications to the Licensing Authority. The team also have significant experience in making applications for development and other approvals, especially regarding primary production and rural industry zones.

We have key experience in commercial dispute resolution and have acted in matters for both growers and winemakers regarding quality and pricing issues with supply contracts, unfair contract claims, distribution contract disputes, partnership disputes, buying and selling disputes and leasing and property matters.

Additionally, our full service team advise on employment and industrial relations issues, including occupational health and safety and workers compensation, and our Business Succession practice has worked with a range of family businesses across the winery, brewing and distilling industries, to ensure proper set up and transfer of assets for retirement or death, or defending claims against business in estate matters.

Our Services

• Establishment and structuring
• Capital raising
• Sales, purchases, mergers and joint ventures
• Taxation including WET/GST/Stamp Duty
• Grape and Wine Supply contracts
• Bottling and Distribution contracts
• Intellectual property including trade marks, international registration and licensing, grape growers rights and brand infringement litigation
• Export law and regulation
• Marketing, promotion and social media
• Environmental law, development and planning applications
• Employment law and occupational health and safety
• Competition and Consumer law
• Liquor Licensing
• Property and leasing
• Dispute resolution and litigation
• Succession, Estate Planning and disputes