a seminar hosted by

with Australian Grape & Wine and Wine Australia

The impact of the ACCC Report on the Australian wine industry.

LEVELLING THE PLAYING FIELD

WINE ROADSHOW 27The impact of the ACCC Report on the Australian wine industry.

The ACCC has undertaken a major Market Study of the Australian wine industry. It has released an Interim Report and its Final Report is due for release in September. It could have a significant impact on how players in the industry deal with each other.

The new rules are likely to have serious ramifications for the assessment, grading and pricing of fruit (including indicative pricing) and for the negotiation of fruit contracts (including payment terms). There could also be impacts on the terms of bulk and packaged wine supply agreements, particularly with major fruit buyers and wholesalers, distributors and retailers of wine.

The Australian wine industry may be subject to a mandatory code of conduct, or at least a strengthened voluntary code, which would be overlayed by the existing “unfair contract terms”, “unconscionable conduct” and “misleading or deceptive conduct” laws in the Competition and Consumer Act. In any event, it is expected that the ACCC will give industry strong guidance as to how it expects industry participants to behave.

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Winemakers of all sizes should ensure that they understand these rules, in order to optimise the outcomes they achieve from their contractual dealings and to ensure that they do not break the law. This material should not be swept under the carpet; the ACCC is a powerful regulator.

Once again, Finlaysons has gathered together a group of experts, with proven expertise and experience, including the CEO’s of Australian Grape & Wine and Wine Australia. Attend Wine Roadshow 27 and position your business to operate successfully on the “level playing field”.

Note that the CEO’s of Australian Grape & Wine and Wine Australia will also take the opportunity to comment on Australia’s performance in various export markets and the other serious issues on their agendas (including market access, the anti alcohol lobby, Brexit, USA – China relations, protection of European names and container deposit legislation).

Half-day seminars will be held in ten wine districts across Australia, to allow as many winemakers, grapegrowers and other interested persons as possible to attend. Local industry associations are assisting with running the sessions.Seminars run from 3.00pm until 6.00pm followed by refreshments until 7.00pm. Registration is at 2.45pm. Please note the Barossa Valley seminar begins earlier due to the WISA Impact Awards Dinner.

Refreshments will be served after the formal sessions, enabling participants to have more detailed discussions with the speakers.

The cost of the seminar is $145.00 per head (plus GST), which covers registration, seminar papers and refreshments. Australian Grape & Wine, SAWIA, Wines of WA, Wine Tasmania, NSWWIA, WCA and WISA members and Wine Australia levy payers receive a discounted rate of $99.00 per head (plus GST).

For further information, please contact Emma Shortt at Finlaysons (phone 08 8235 7620 or email emma.shortt@finlaysons.com.au).

Details

Margaret River14 October 2019 Leeuwin Estate

Barossa Valley17 October 2019 1847 Wines 2.00pm – 5.00pm seminar 5.00pm – 6.00pm drinks

Tasmania21 October 2019 The Sebel – Launceston

Mornington Peninsula22 October 2019 Montalto

Rutherglen 23 October 2019 The Tuileries

Riverina24 October 2019 Quest Griffith

Hunter Valley25 October 2019 Estate Tuscany

Riverland6 November 2019 Renmark Hotel

Coonawarra25 November 2019 Chardonnay Lodge

McLaren Vale27 November 2019 McLaren Vale Motel & Apartments Function Centre

*2.45pm Registration

3.00pm Opening remarks from the chair

3.05pm Introduction Will Taylor, Wine Partner, Finlaysons

3.10pm The state of the industry and competing overseas

Andreas Clark, Chief Executive Officer, Wine Australia

Andreas has led Wine Australia since its inception on 1 July 2014. Prior to that, he held a number of senior management roles with the former Wine Australia Corporation. Before joining the wine sector, Andreas served as a diplomat with the Department of Foreign Affairs and Trade in Canberra and Brunei, and has also worked as a lawyer in private practice and in-house with an ASX-listed company.

He holds a Master of Laws from the Australian National University and Bachelor of Economics and Bachelor of Laws (First Class Honours) from Flinders University and is admitted to practice in South Australia. He has also completed a Graduate Diploma in Applied Finance and Investment from the Securities Institute of Australia and the Authentic Leadership Program at Harvard University.

3.35pm Questions

The Program

3.40pm Assessing, grading and pricing fruit, including negotiation and contracting practices

Will Taylor, Wine Partner, Finlaysons

Will leads Finlaysons’ Wine Group. His practice has, for well over 25 years now, been focused virtually solely on the wine industry. He has extensive experience acting for large and small participants in the wine industry, in relation to joint ventures, mergers and acquisitions, business structures, capital raising, succession planning and their general commercial activities such as entering into supply, processing and distribution contracts. Competition and consumer laws have been of constant relevance and he has advised extensively on them.

Will and his wife have had their own wine business for the last 22 years.

4.05pm Questions

4.10pm Afternoon Tea

4.30pm Grape price bargaining, including pricing transparency / indicative pricing and dispute resolution

Andrew Williams, Partner, Finlaysons

Andrew heads Finlaysons’ Commercial Disputes practice. He has advised extensively in the area of competition and consumer law.

With more than 15 years’ experience working with wine industry clients on a broad range of dispute resolution and risk management matters. Andrew regularly advises on the challenges faced by businesses involved in the production and sale of liquor, including licensing, competition and consumer law and retail sector liability issues.

Andrew is a long-standing member of the Committee of Management of the Australasian Chapter of the International Wine Law Association and speaks regularly on wine industry legal issues.

4.55pm Questions

5.00pm Theindustry’sresponsetotheACCCReport

Tony Battaglene, Chief Executive Officer, Australian Grape & Wine

Tony joined Australian Grape & Wine (formerly Winemakers’ Federation of Australia) in 1999, to drive strategy for the sector, developing and implementing a comprehensive market access strategy, overseeing biosecurity, research and development and industry policy and strategy. He has developed key networks with competitors and other industries to further the interests of the Australian wine sector.

This has brought international recognition of his activities and provided opportunities with trade negotiations and international representative roles in the OECD and APEC. He has also played a key strategic role in restructuring the Australian wine sector, with the creation of Wine Australia and Australian Grape & Wine, both through merger of pre-existing entities. He is currently the Chief Executive of Australian Grape & Wine.

Please note that, at some venues, Tony’s paper may be delivered by another representative of Australian Grape & Wine.

5.25pm Questions

5.30pm Panelsession There will be 30 minutes available for questions

from the floor and general discussion.

6.00pm Refreshments

7.00pm Close

*The Barossa Valley seminar commences 1 hour earlier.

The impact of the ACCC Report on the Australian wine industry.

LEVELLING THE PLAYING FIELD

Australian Grape & WineWine AustraliaAdelaide Hills Wine Region IncAlpine Valleys VigneronsAssociation of Australian Boutique Winemakers IncBallarat & District Vignerons’ AssociationBarossa Grape & Wine AssociationBathurst Regional Vignerons Association IncBeechworth Vignerons AssociationBendigo & District Winegrowers Association Inc Blackwood Valley Wine Industry Association Broke Fordwich Wine RegionCanberra District Wine Industry Association Clare Valley Wine & Grape AssociationCoonawarra Grape and Wine Incorporated Currency Creek Wine Region Association Frankland River Wine RegionGeographe Wine Industry Association Inc Goulburn Valley Wine Association Inc Grampians WinemakersGranite Belt Wine & Tourism IncGreat Southern Wine Producers’ Association Heathcote Winegrowers’ Association Inc Henty Wine Region AssociationHunter Valley Wine & Tourism AssociationLanghorne Creek Grape and Wine Inc Limestone Coast Grape & Wine Council Mount Benson Vignerons Association IncMount Gambier Regional Winegrowers Association IncMacedon Ranges Vignerons Association Margaret River Wine AssociationMudgee Wine Grape Growers Association IncMurray Valley Winegrowers’ IncMcLaren Vale Grape, Wine & Tourism Association

Supported by

Mildura Murray Darling Wine Industry Association

Mildura Region Winegrowers Association

Mornington Peninsula Vignerons’ Association Inc

New England Wine Industry Association

NSW Wine Industry Association

Padthaway Grapegrowers Association Inc

Peel Wine Association Inc

Pemberton Wine Region Association

Pyrenees Grapegrowers & Winemakers Association

Riverina Wine Grapes Marketing Board

Riverina Winemakers’ Association Inc

Riverland Wine

Robe Grape Growers Association

Scenic Rim Wine Industry Association

Shoalhaven Coast Wine Industry Association Inc

South Australian Wine Industry Association Inc

South Burnett Wine Industry Association Inc

Swan Valley & Regional Winemakers Association Inc

Sydney Vignerons Association Inc

The Winemakers of Rutherglen

Tumbarumba Vignerons Association Inc

Wine Australia

Wine Geelong

Wines of Western Australia

Wines of the King Valley

Wine Tasmania

Wine Victoria

Wrattonbully Wine Region Association

Yarra Valley Wine Growers Association Inc

Finlaysons, a leading Australian law firm based in Adelaide, has many years of experience advising people involved in the wine industry. Our specialist Wine Group gives assistance to clients across Australia, from small family wineries through to the country’s biggest producers. We also have international wine industry clients.

The partners, special counsel and senior associates in the Wine Group include:

Will Taylor, Lan Lam and Lisa Calabrese – mergers and acquisitions, business structures, capital raising, joint ventures, supply, processing and distribution contracts and general commercial advice

Andrew Williams and Kirsten Gordge – commercial disputes and liquor licensing

Gavin Cragg and Austin Wakeham – real property (including vineyards and wineries)

Kyra Reznikov – environmental, planning, climate change, “green” marketing, waste management and water issues

Will Taylor and Andrew Williams – competition and consumer law

Will Snow – employment, industrial relations, OHS&W and insurance issues

Lan Lam and Kirsten Gordge – intellectual property (i.e. brand protection) and information technology (including social media)

Michael Butler, Mathew Brittingham and Jessica Pengelly – domestic and international tax (including WET)

Will Taylor and Jessica Pengelly – wine composition and labelling

Lisa Calabrese – banking law and debt finance and collection

Will Taylor and Nikki Owen – succession planning and implementation

What will it cost?

At Finlaysons, we understand the pressure on business to increase productivity and contain costs. As an Adelaide- based firm, with a lower overhead structure compared to law firms in other States, we are able to provide legal services at a substantially lower cost.

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