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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.

Contact & Links
Location
  • Tower Two, Collins Square
    727 Collins Square, Level 22
    Melbourne VIC 3008
    Australia
Languages
  • English
Demographics
  • Pronouns: She/Her
Affiliations
  • 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
Court Admissions
  • Admitted to the Supreme Court of Queensland (2001) and the High Court of Australia

Recognized in The Best Lawyers in Australia 2024 for work in:
  • Litigation
Awards:
  • 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
Additional Areas of Practice:
  • Alternative Dispute Resolution

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Spinning circle Big letter B

Breaching the Unfair Contracts Regime: ACCC v Fujifilm Business Innovation Australia Pty Ltd


Breaching the Unfair Contracts Regime: ACCC v Fujifilm Business Innovation Australia Pty Ltd

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Alicia

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Unreasonable director-related transaction? Director issuing shares to self


Unreasonable director-related transaction? Director issuing shares to self

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Illegal Phoenix Activity: Re Intellicoms (in liq)


Illegal Phoenix Activity: Re Intellicoms (in liq)

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Why so serious? Requirement of serious harm in defamation


Why so serious? Requirement of serious harm in defamation

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Purpose over prescription? The Supreme Court’s interpretation of the Rental Leases Act in Krajcar v Eastern Central Real Estate


Purpose over prescription? The Supreme Court’s interpretation of the Rental Leases Act in Krajcar v Eastern Central Real Estate

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Recovery of costs by franchisors: Dymocks v Chapter Three


Recovery of costs by franchisors: Dymocks v Chapter Three

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Commencement of proceedings against a company in administration and preservation of Bitcoin assets: Chen v Blockchain; Abel & Ors v Blockchain [2022]


Commencement of proceedings against a company in administration and preservation of Bitcoin assets: Chen v Blockchain; Abel & Ors v Blockchain [2022] VSC 92 – 93

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Shedding some light on shadow directors: when is an individual considered a shadow director?


Shedding some light on shadow directors: when is an individual considered a shadow director?

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The Importance of Accuracy: Watt v Shepherd (No 3) [2021] FCA 1670


The Importance of Accuracy: Watt v Shepherd (No 3) [2021] FCA 1670

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Getting Paid as an Administrator of an Insolvent Company: ASIC v Marco (No. 9)


Getting Paid as an Administrator of an Insolvent Company: ASIC v Marco (No. 9)

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No Love for Companies: Forgiving a Debt: New ATO Taxation Determination TD 2022/1


No Love for Companies: Forgiving a Debt: New ATO Taxation Determination TD 2022/1

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Public examination of directors allowed for investigating whether there are grounds to commence a class action: Walton v Arrium Ltd (in liq)


Public examination of directors allowed for investigating whether there are grounds to commence a class action: Walton v Arrium Ltd (in liq)

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Refused the right to refund and replacement: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493


Refused the right to refund and replacement: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493

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Competing over trademarked firm names: Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369


Competing over trademarked firm names: Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369

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Evicting a tenant where non-payment of rent for COVID-19 reason: Reversal of VCAT decision


Evicting a tenant where non-payment of rent for COVID-19 reason: Reversal of VCAT decision

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Class action proceedings within the franchising context: Davaria Pty Ltd v 7-Eleven Stores Pty Ltd case study


Class action proceedings within the franchising context: Davaria Pty Ltd v 7-Eleven Stores Pty Ltd case study

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FEELING INSECURE? NAVIGATING THE SECURITY FOR COSTS PROCESS


FEELING INSECURE? NAVIGATING THE SECURITY FOR COSTS PROCESS

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GOLDUS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) V CUMMINS (NO 4) [2021] FCA 1095


GOLDUS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) V CUMMINS (NO 4) [2021] FCA 1095

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KNOWING WHEN TO SETTLE: RE 22 PARK STREET PTY LTD NO 2 [2021] VSC 588


KNOWING WHEN TO SETTLE: RE 22 PARK STREET PTY LTD NO 2 [2021] VSC 588

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The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)


The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)

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Overcoming the hurdles to bring proceedings on behalf of owners corporations: Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862


Overcoming the hurdles to bring proceedings on behalf of owners corporations: Sciuto v TNSKBMC Pty Ltd [2021] VCAT 862

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AMBIGUOUS AND VAGUE CONTRACT TERMS? DETERMINING PARTIES TO A CONTRACT: BI V WU [2021] VSC 447


AMBIGUOUS AND VAGUE CONTRACT TERMS? DETERMINING PARTIES TO A CONTRACT: BI V WU [2021] VSC 447

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REVERSAL OF DECISION IN COMMISSIONER OF TAXATION V BOSANAC – OVER TURNING THE PRESUMPTION OF ADVANCEMENT?


REVERSAL OF DECISION IN COMMISSIONER OF TAXATION V BOSANAC – OVER TURNING THE PRESUMPTION OF ADVANCEMENT?

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Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?


Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

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Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?


Can special purpose liquidators be appointed to investigate the conduct of administrators or liquidators?

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Can a boxer pup (or pets generally) be defective?: Blanchard v McDowall


Can a boxer pup (or pets generally) be defective?: Blanchard v McDowall

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Defective bankruptcy notices – a lifeline: Grant v Green & Associates Pty Ltd


Defective bankruptcy notices – a lifeline: Grant v Green & Associates Pty Ltd

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Demonstrating that the administrators are wrong to reject a proof of debt: a tough ask!


Demonstrating that the administrators are wrong to reject a proof of debt: a tough ask!

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Selling a Business to Franchise: What went wrong in Watt v Shepherd?


Selling a Business to Franchise: What went wrong in Watt v Shepherd?

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Interlocutory injunctions and ADR in VCAT: Link and Connect Pty Ltd v Seng


Interlocutory injunctions and ADR in VCAT: Link and Connect Pty Ltd v Seng

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Why there is an argument that Court proceedings should be the last resort in resolving disputes: AMCOR Limited v Barnes


Why there is an argument that Court proceedings should be the last resort in resolving disputes: AMCOR Limited v Barnes

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Ironically Unclean: Ali v Australian Competition and Consumer Commission [2021] FCAFC 109


Ironically Unclean: Ali v Australian Competition and Consumer Commission [2021] FCAFC 109

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Commissioner of Taxation v Bosanac (No.7) – [2021] FCA 249, Presumption of advancement applicable to matrimonial home? Rebutted? – Does Cummins (2006)


Commissioner of Taxation v Bosanac (No.7) – [2021] FCA 249, Presumption of advancement applicable to matrimonial home? Rebutted? – Does Cummins (2006) 227 CLR 278 qualify presumption?

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Commissioner of Taxation v Lane [2020] FCAFC 184 – Application of priority regime (ss108 and 109 Bankruptcy Act) to distribution of sale of assets of


Commissioner of Taxation v Lane [2020] FCAFC 184 – Application of priority regime (ss108 and 109 Bankruptcy Act) to distribution of sale of assets of trust – payments to trust creditors – preference recovery proceeds non-trust assets?

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The recent decision of Barre v Barre [2021] FamCA 101 explores the complicating effect bankruptcy may on Family Court proceedings in the context of en


The recent decision of Barre v Barre [2021] FamCA 101 explores the complicating effect bankruptcy may on Family Court proceedings in the context of enforcing a Binding Financial Agreement

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Evidence vs Inference: Analysis of Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419


Evidence vs Inference: Analysis of Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419

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AN OFFER YOU CAN’T (OR PROBABLY SHOULDN’T) REFUSE: KNOWING THE DIFFERENCES BETWEEN OFFERS OF COMPROMISE AND CALDERBANK OFFERS


AN OFFER YOU CAN’T (OR PROBABLY SHOULDN’T) REFUSE: KNOWING THE DIFFERENCES BETWEEN OFFERS OF COMPROMISE AND CALDERBANK OFFERS

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Refunds rising from the ashes: illegal phoenix activities provide basis for discretion to retain tax refunds (ATO Practice Statement 2021/2)


Refunds rising from the ashes: illegal phoenix activities provide basis for discretion to retain tax refunds (ATO Practice Statement 2021/2)

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Megasave Couriers to pay $1.9m, its director to pay $200,000 to franchisees for Misleading and Deceptive Conduct


Megasave Couriers to pay $1.9m, its director to pay $200,000 to franchisees for Misleading and Deceptive Conduct

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No vaccine against natural justice: Gautham v Panwar [2021] VSC 157


No vaccine against natural justice: Gautham v Panwar [2021] VSC 157

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What a relief! VCAT takes a broad view of COVID-19 rent relief requirements: R & D Health Clubs v Lin Wang


What a relief! VCAT takes a broad view of COVID-19 rent relief requirements: R & D Health Clubs v Lin Wang

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Case Note: LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd


Case Note: LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd

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To appear or not to appear – the costly exercise of default in insolvency proceedings


To appear or not to appear – the costly exercise of default in insolvency proceedings

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When is an agreement a franchise agreement? – Freedom Foods Pty Ltd v Blue Diamond Growers


When is an agreement a franchise agreement? – Freedom Foods Pty Ltd v Blue Diamond Growers

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Which Owners Corporation Fees are Enforceable: VCAT Lessons


Which Owners Corporation Fees are Enforceable: VCAT Lessons

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Getting paid for work done (Quantum Meruit): the importance of expert evidence


Getting paid for work done (Quantum Meruit): the importance of expert evidence

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Review of Unfair Contract Terms and Upcoming Reform


Review of Unfair Contract Terms and Upcoming Reform

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ASSIGNMENT OF WARRANTIES: YOU CAN’T HAVE YOUR CAKE AND EAT IT TOO


ASSIGNMENT OF WARRANTIES: YOU CAN’T HAVE YOUR CAKE AND EAT IT TOO

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No Representations as to Capacity Implied into Contractual Terms


No Representations as to Capacity Implied into Contractual Terms

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DISCUSSION PAPER FLAGS ISSUES IN INSOLVENCY SECTOR


DISCUSSION PAPER FLAGS ISSUES IN INSOLVENCY SECTOR

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CAN A COMPANY PROVIDE FINANCIAL ASSISTANCE TO A PERSON TO ACQUIRE SHARES IN THE COMPANY?


CAN A COMPANY PROVIDE FINANCIAL ASSISTANCE TO A PERSON TO ACQUIRE SHARES IN THE COMPANY?

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INITIATING PROCEEDINGS IN THE NAME OF A COMPANY: LESSONS FROM JUNIOR ACADEMY


INITIATING PROCEEDINGS IN THE NAME OF A COMPANY: LESSONS FROM JUNIOR ACADEMY

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THE OBLIGATION OF GOOD FAITH IN FRANCHISE AGREEMENTS: A LESSON IN CONSTRUCTING THE TERMS OF SALE


THE OBLIGATION OF GOOD FAITH IN FRANCHISE AGREEMENTS: A LESSON IN CONSTRUCTING THE TERMS OF SALE

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WHAT TO DO WITH AN INSOLVENT CORPORATE TRUSTEE?


WHAT TO DO WITH AN INSOLVENT CORPORATE TRUSTEE?

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APPLYING A WIDER RESTITUTIONARY BASIS TO EQUITABLE LIENS CREATED UNDER THE UNIVERSAL DISTRIBUTING PRINCIPLE


APPLYING A WIDER RESTITUTIONARY BASIS TO EQUITABLE LIENS CREATED UNDER THE UNIVERSAL DISTRIBUTING PRINCIPLE

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TENANT AND LANDLORD DISPUTES: UNUSABLE PREMISES


TENANT AND LANDLORD DISPUTES: UNUSABLE PREMISES

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LANDLORDS UNREASONABLY WITHHOLDING CONSENT TO SUB-LEASE: MASTERS HOME IMPROVEMENT V AVENTUS


LANDLORDS UNREASONABLY WITHHOLDING CONSENT TO SUB-LEASE: MASTERS HOME IMPROVEMENT V AVENTUS

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Food for Thought: Misleading Conduct in the Franchise Space


by Alicia Hill

Some franchisors do not fully appreciate the importance of record-keeping during the negotiation stage, but as the Guirguis family discovered, this might be the most crucial step until opening day.

franchise-agreements

Food For Thought: Misleading Conduct In The Franchise Space


Food For Thought: Misleading Conduct In The Franchise Space

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Corporate Insolvency Regime Reform: The ‘Combatting Illegal Phoenixing’ Bill


Corporate Insolvency Regime Reform: The ‘Combatting Illegal Phoenixing’ Bill

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To Bind Or Not To Bind: When Do Preliminary Land Sale “Agreements” Become Legally Binding?


To Bind Or Not To Bind: When Do Preliminary Land Sale “Agreements” Become Legally Binding?

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Franchisee’s Allegations Not Proved: Jump Swim School’s Franchisor Did Not Mislead


Franchisee’s Allegations Not Proved: Jump Swim School’s Franchisor Did Not Mislead

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Can Your Option to Purchase Get Lost in a Franchise Agreement?


by Alicia Hill and Benjamin Caddaye

With the changing of a contract in a franchise agreement, certain rights you thought you were entitled to might get lost in translation.

Franchise Agreements and Purchase Options

When Tax Avoidance And Directors’ Duties Intersect: The Binetter Appeal


When Tax Avoidance And Directors’ Duties Intersect: The Binetter Appeal

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The PAYG Penalty: Costly Implications for Directors


The PAYG Penalty: Costly Implications for Directors

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Can you lose your option to purchase or your right to use assets of the franchise granted in a franchise agreement?


Can you lose your option to purchase or your right to use assets of the franchise granted in a franchise agreement?

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