Alicia Hill
Awarded Practice Areas
Biography
Alicia is a Principal in the Dispute Resolution & Litigation Team. She is an Accredited Specialist in Commercial Litigation in Queensland and Victoria, a Nationally Accredited Mediator, graded arbitrator and has over 18 years’ experience as a lawyer.
Alicia assists clients to understand the implications of the matter in which they are involved, the options available to them for resolution and works to achieve cost effective outcomes.
She has acted for ASX listed companies, large proprietary companies, SME businesses, directors and officers, regulators and liquidators.
In 2017, Alicia was first included in The Best Lawyers™ in Australia for her work in Litigation in this peer determined category.
Alicia’s practice focuses on three predominant areas:
- commercial litigation, corporations, and insolvency;
- regulatory actions; and
- competition and consumer including a special interest in franchising and small business.
Significant actions in which Alicia has been involved include:
- representing a vendor in a dispute with the purchaser over the sale of an $88 million business in the Federal Court of Australia;
- representing a franchisor and its directors in an action brought by a group of franchisees in the Federal Court of Australia (Victorian registry);
- representing a bankruptcy trustee in an action brought by a listed financial institution to set aside a deed of composition in the Federal Court of Australia (South Australia registry) where allegations were made about the trustees' conduct;
- representing a business to negotiate enforceable undertakings with the ACCC in relation to perceived misconduct permitting the continued trade and conduct of the business;
- acting for a company to defend a $50 million class action brought in the Federal Court in respect of a failed agricultural machine involving cross-claims against the manufacturers; and
- representing a receiver and manager in the Supreme Court of Queensland to obtain injunctive relief preventing the sale of livestock assets by former partners of the partnership to which the receivers were appointed.
Overview
- English
- Pronouns: She/Her
- Law Institute of Victoria - Accredited Specialists Board
- FINSIA - Fellow
- ACCC Consultative Committee for Small Business and Franchising - Member
- ARITA - Member
- FCA 2016 NFC Legal Symposium Organising Committee - Chair
- State Chapter of the FCA Committee - Member
- Admitted to the Supreme Court of Queensland (2001) and the High Court of Australia
- English
- Law Institute of Victoria - Accredited Specialists Board
- FINSIA - Fellow
- ACCC Consultative Committee for Small Business and Franchising - Member
- ARITA - Member
- FCA 2016 NFC Legal Symposium Organising Committee - Chair
- State Chapter of the FCA Committee - Member
- Admitted to the Supreme Court of Queensland (2001) and the High Court of Australia
- Pronouns: She/Her
Client Testimonials
Awards & Focus
- Franchise Law
- Litigation
- Alternative Dispute Resolution
2023 Who's Who Legal - Australia and New Zealand - Franchising
- 2013 Griffith University Outstanding Alumnus Nominee
- 2013 Franchise Council of Australia Award for contribution for franchising
- 2010 Lexology Legal Writing Award for Commercial Litigation category article
- 2010 Franchise Council of Australia Award for Professional Legal Writing
News & Media
Insights
Case History
- Commercial Litigation and Dispute Resolution
Acting for a national chain of pharmacies in a dispute with a supplier involving allegations of breach of contract, misleading and deceptive conduct, corruption and the contravention of terms of a governmental pilot program testing the administration of medicated substances. The outcome was a negotiated resolution while managing ongoing public services, fielding and responding to adverse media contact and managing public interaction, responding to Ethics Board and Ministerial queries to effect the desired commercial outcome with minimal adverse impact.
Acting for shareholders and directors of a company in oppressive conduct and just and equitable winding up proceedings in the pilot oppression programme in the Supreme Court of Victoria
Advising and appearing in Case Study 15: Swimming of the Royal Commission into Institutional Responses to Child Sexual Abuse on behalf of the Queensland Swimming Association Inc, to respond to production notices, witness summons and submissions on appropriate findings for the Commission to make after closure of evidence;
Acting for a manufacturer of agricultural products, CSN Pty Ltd, facing misleading and deceptive conduct and not fit for purpose/not meet description allegations. The $50 million claim involves a class action of farmers against them, multiple defendants being suppliers of parts to CSN, cross claims, insurance and time limitations issue in the Federal Court of Australia, Sydney registry.
Acted for GWM Properties Pty Ltd in Supreme Court litigation that ultimately went to the Queensland Court of Appeal regarding a property development joint venture, Devpro Pty Ltd, valued at more than $80 million. In this matter, the two shareholder companies directors fell into dispute dissolving the joint venture despite having commenced and continuing to be involved in Supreme Court of Queensland litigation about one of its developments.
Representing Allied Gold Ltd, an ASX listed Western Australian mining company in an action to enforce its confidentiality covenants in an employment agreement with an engineering consultant requiring Mareva style permanent injunctive relief from the Queensland Supreme Court.
- Financial Services and Insolvency
Representing David Clout, a bankruptcy trustee, in an action brought by a listed financial institution to set aside a deed of composition in the Federal Court of Australia (South Australia registry) where adverse allegations were made about the trustee's conduct.
Representing Nick Combis and Peter Dinoris, as receiver and managers in the Supreme Court of Queensland to obtain urgent injunctive relief preventing the sale of livestock assets by former partners of the partnership to which the receivers were appointed.
Acting for MIS Funding No. 1 Pty Ltd (a subsidiary of the Commonwealth Bank of Australia) as the lender to a series of agricultural managed investment scheme. The matter involved recovering its loan book, valued in excess of $250 million after the collapse of the schemes and default by the borrowers including commencing proceedings and obtaining default judgement across multiple jurisdictions; defending proceedings and prosecuting to obtain judgement in multiple jurisdictions; issuing statutory demands for payment within Australia; and winding up companies which did not respond. This took place while simultaneously managing potential issues relating to a threatened class action and notification regime to MIS to ensure consistency across jurisdictions of responses.
Advising and representing companies and directors of companies subject to voidable preference recovery actions by liquidators to resolve the claims on commercial terms to the mutual satisfaction of the parties.
Acting on behalf of the Administrators, Deed Administrators and Liquidators, Ann Fordyce and Brad Hellen, of an Australian publicly listed company, Asian Pacific Limited (in liquidation), in entering a Deed of Company Arrangement, its default, the eventual liquidation of the company and in relation to recovery and possible distributions of dividends with interested parties from multiple jurisdictions.
Acting for the liquidator of Michael Giles Real Estate Pty Ltd (in liquidation), Peter Lucas, to recover voidable transactions to the directors and their associated entities in the Supreme Court of Queensland, recover international assets and rights against parties in overseas jurisdictions and simultaneously acting for the liquidators in AAT then Federal Court proceedings regarding voidable transactions involving superannuation distributions.
Acting to represent two directors in public examinations in the Federal Court lasting two days over their conduct of the business of the company in liquidation amid allegations of actions to defraud the Commonwealth, phoenix activity, breach of director duties, insolvent trading and voidable transactions.
Advising and drafting a suite of litigation recovery precedents seeking recovery of monies owed pursuant to a loan book acquired as a result of a merger of two financial institutions governed by the Consumer Credit Code; drafting internal checklists for the client that would enable ease of verification of steps required to attempt to recover monies and if required hand over attempts to external legal suppliers; establishing reporting and billing protocols to accompany documentation and identifying methods for and means of notification for sensitive and high risk issues to the lender.
Prosecuting in the Magistrates Court summary offences against individuals contravening the Corporations Law, participating in administrative banning actions under the ASIC Act and advising on interpretation of legislation in the exercise of ASIC’s powers
Advised and responded to ASIC, APRA and member enquiries of alleged misappropriation of monies from a substantial industry superannuation fund, involving civil proceedings, APRA and ASIC investigations and reporting to members under the terms of the regulations and trust deed without compromising the law or the case before the court
- Franchising
Acting for Taxsmart Group Pty Ltd and other related entities in defending proceedings on the Fast Track List in the Federal Court in Melbourne instituted by the Australian Competition and Consumer Commission (ACCC) alleging breaches of the Competition and Consumer Act through misleading and deceptive conduct about employment representations which resulted in consent orders.
Acting for Kleenit Pty Ltd in the District Court of Queensland proceedings with a franchisee concerning allegations of misleading and deceptive conduct about the entrance into a franchise agreement.
Acted for Express Mobile Services Australia Pty Ltd to successfully negotiate a section 87B undertaking with the Australian Competition and Consumer Commission (ACCC) about the ACCC’s concerns over potential breaches of the Competition and Consumer Act 2010 (Cth) avoiding litigious action by the ACCC;
Mediating disputes between franchisees and franchisors at the request of the Office of Franchising Mediation Adviser over allegations of repudiation of the franchise agreement, misleading and deceptive conduct, unconscionable conduct, lack of good faith, unfair contract terms and breach of contract.
Advising and acting for PRDNationwide Pty Ltd concerning breaches of franchises agreements by franchisees, issuing of notices to remedy breach and termination notices, responding to notices of dispute issued by franchisees.
Developing an online electronic trade practices (now Competition and Consumer Act) compliance training program for Go Gecko (Franchise) Pty Ltd that was incorporated into the franchisee and employee induction programme of the franchisor to educate on issues requiring legal compliance. In addition preparing and updating the trade practices compliance programme to meet the introduction of the Competition and Consumer Act 2011 (Cth).
Your browser is not fully compatible with our automatic printer friendly formatting.
Please use the print button to print this profile page.